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37.34.1426    AVERSIVE PROCEDURES: APPEAL PROCESS

(1) Any decision to approve or disapprove of a proposed level II procedure may be appealed by a member of the person's individual planning team.

(a) Upon receipt of an appeal notice, an administrative review of the matter will be conducted by the program services section supervisor for the division within 10 days of the receipt of the appeal from the DDPRC's or regional manager's decision. If the appellant remains dissatisfied after the administrative review, the matter may be appealed to the division administrator who will render a final administrative decision for the department within 45 days of the receipt of the appeal from the administrative review.

(b) The division administrator upon review of the committee's decision may request written arguments and other materials from the committee and the appellant.

History: Sec. 53-2-201 and 53-20-204, MCA; IMP, Sec. 53-20-203 and 53-20-205, MCA; NEW, 1986 MAR p. 345, Eff. 4/21/86; AMD, 1993 MAR p. 1356, Eff. 6/25/93; TRANS, from SRS, 1998 MAR p. 3124.

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