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37.91.601    APPEAL PROCESS

(1) Any action of the certification committee concerning certification denial or revocation may be appealed to the director of the department of public health and human services. All findings and actions of the director shall be binding on the certification committee.

(2) The notice of appeal shall be directed to the director of the department of public health and human services who may appoint a hearings officer.

(3) The appeal shall be in writing setting forth the nature of the grievance and arguments supporting the grievance and actions desired. The appealing party may also present oral argument before the director or hearings officer.

(4) All parties to the appeal shall be notified in writing 10 days prior to the hearing. The written notice shall contain as a minimum, the date, day, time and location of the hearing.

(5) The guidelines for conducting the hearing shall be established by the director.

(6) Any party to the appeal who is dissatisfied with the written decision of the director may appeal to the appropriate district court.

History: Sec. 53-21-106, MCA; IMP, Sec. 53-21-106, MCA; NEW, 1986 MAR p. 260, Eff. 2/28/86; AMD, 1992 MAR p. 1485, Eff. 7/17/92; TRANS, from DOC, 1998 MAR p. 2039.

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