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8.11.119    COMPLAINT PROCEDURE

(1) A person, government or private entity may submit a written complaint to the department charging an applicant or certificate holder with a violation of department and program statutes or rules, and specifying the grounds for the complaint.

(2) Complaints must be in writing, and shall be filed on the proper complaint form prescribed by the department.

(3) Upon receipt of the written complaint form, the program office shall log in the complaint and assign it a complaint number. The complaint shall then be sent to the applicant or certificate holder complained about for a written response. Upon receipt of the written response, both complaint and response shall be considered by the review panel for appropriate action including dismissal, investigation or a finding of reasonable cause of violation of a statute or rule. The program office shall notify both complainant and certificate holder of the determination made by the review panel.

(4) If a reasonable cause violation determination is made by the review panel, the recommendation to the department shall be to undertake disciplinary proceedings under the Montana Administrative Procedure Act.

History: 37-1-402, 37-35-103, MCA; IMP, 37-1-402, 37-1-403, 37-1-404, 37-35-301, MCA; NEW, 1998 MAR p. 1408, Eff. 5/29/98.

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