(1) Within 30 days after the date of final action by the department under
ARM 17.30.108, the applicant or any person or entity whose substantial
interests are adversely affected by the action may appeal the department's
action to the board. The appeal must be
in writing and set forth the positions of the appealing party, the basis for
the appeal, and the alleged errors of fact or law that were made by the
department.
(a) Upon filing of an appeal under this section,
the board shall appoint a hearing examiner.
(b) A hearing conducted under this section must be
conducted pursuant to the contested case provisions of the Montana
Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.
(2) If a decision of the department made under ARM
17.30.108 undergoes review by the board under this section, the department
shall notify the licensing or permitting agency that certification is denied
for the period in which the department's decision is under review by the board.
(3) The final decision of the board is judicially
reviewable as provided under the Montana Administrative Procedure Act, Title 2,
chapter 4, part 7, MCA.