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17.53.213    APPEAL

(1) Each written notice by the department of its decision to deny a request for a record under this subchapter must state the reasons for the denial and the opportunity for the requestor to appeal the initial denial to the board by filing a written notice of appeal within 30 days after receipt of the determination.

(2) The decision of the board on appeal must be issued within 20 business days after the date of receipt of the appeal request.

(3) Failure of the board to issue a decision within the prescribed time period in (2) constitutes a final agency decision and is a basis for judicial review.

History: 75-10-405, MCA; IMP, 75-10-405, MCA; NEW, 2001 MAR p. 169, Eff. 1/26/01; AMD, 2005 MAR p. 442, Eff. 4/1/05.

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