(1) The department will provide the following notices in the manner indicated.

(a) The DD program will give notice whether a person is or is not to be referred by the central screening committee to be considered for placement by local screening committees. The notice will be provided in writing by United States mail within 10 working days of the decision to the person and their representative. A local screening committee will give the notice when the person is a local referral. The notice will inform the person that materials in support of the person's placement may be submitted to the appropriate screening committee.

(b) The DD program will give notice whether a person has or has not been selected for a specific placement. The notice will be provided in writing by United States mail within 10 working days of the screening committee decision to the person and their representative. The notice will inform a person who has not been selected that the person may request a review of the matter by the developmental disabilities review board and that a decision of the review board may be appealed as provided in ARM 46.2.201 et seq.

(c) The DD program will give notice of a developmental disabilities screening review board decision and that the person may appeal, as provided in ARM 46.2.201 et seq., an adverse decision of the review board and receive a fair hearing.

(2) If either a local screening committee or the central screening committee cannot reach consensus concerning a referral or placement, the matter must be presented to the developmental disabilities screening review board for a determination.

(3) A person referred for placement or a person representing the interests of the person who is dissatisfied with a screening decision may request a review by the developmental disabilities screening review board.

(a) A request for review by the review board must be mailed to the Services Coordinator, Department of Public Health and Human Services, Developmental Disabilities Program, P.O. Box 4210, Helena, Montana 59604-4210.

(b) A request for review must be sent in writing by United States mail within 10 working days of receipt of written notice of the screening committee decision.

(c) The review board will review appeal information and make a decision. The review board will send notification of that decision to the parties involved in the appeal and to the services coordinator.

(d) The review board consists of three members appointed by the director of the department.

(e) Decisions of the review board are based on a majority determination.

(4) The person whose placement is at issue in an appeal or the person's representative may appeal an adverse decision of the developmental disabilities review board as provided in ARM 46.2.201 et seq.

(a) Other persons or entities may not appeal an adverse decision of the review board as provided in ARM 46.2.201 et seq.

(b) The appeal of a determination of the review board must be made in writing within 10 working days of the mailing of notification of the board's determination.

(5) Any notices the DD program provides under this rule will include reference to the advocacy services that are generally available in Montana for persons with developmental disabilities.