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23.16.203    ADMINISTRATIVE PROCEDURE

(1) Upon completion by the department of its investigation of any matter within its jurisdiction, the department shall notify the person involved of its intended action. If the person involved then desires a hearing, he must submit a written request to the department within 20 days.

(2) Upon receipt by the department of a written request for hearing, all proceedings shall be conducted in accordance with the Montana Administrative Procedure Act and the Attorney General's Model Rules of Procedure.

(3) If requested, judicial review shall be conducted in accordance with 23-5-137, MCA, and the Montana Administrative Procedure Act. In cases of conflict, 23-5-137, MCA, shall prevail.

(4) This rule does not apply to temporary cease and desist orders issued by the department under 23-5-136, MCA.

History: 23-5-115, MCA; IMP, 23-5-115, 23-5-136, MCA; NEW, 1990 MAR p. 286, Eff. 2/9/90; AMD, 1997 MAR p. 404, Eff. 2/25/97.

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