1.3.213 CONTESTED CASES, EMERGENCY SUSPENSION OF A LICENSE
(1) Pursuant to 2-4-631(3), MCA, if an agency makes a determination that public health, safety, or welfare requires emergency action, the agency may order immediate suspension of a license. The order must include findings justifying emergency action, and revocation proceedings must be promptly instituted and determined.
(a) See sample form 213a.
Sample Form 213a: Notice of Immediate Suspension or Revocation of a License
THE [agency] OF THE STATE OF MONTANA
In the matter
of [type of license and ) NOTICE OF [action taken - for ex:
holder (for example: Insurance ) SUSPENSION OF PRODUCER'S
License of John Doe)] ) LICENSE] AND HEARING FOR
[TYPE OF LICENSE]
[name of license holder]
[time, date], at [room, building, address], a hearing will be held for the
[suspension or revocation] of the [type of license] of [name of license
[agency] will make reasonable accommodations for persons with disabilities who
wish to participate in this hearing or need an alternative accessible format of
this notice. If you require an accommodation, contact [agency] no later than
5:00 p.m. on [date - no requirement specified in MAPA], to advise of the nature
of the accommodation that is needed. Please contact [name, address, telephone,
TTD number, fax, e-mail].
hearing is held under the authority of [Section ________, MCA]. Violation of
[MCA section or agency regulation] is alleged.
the hearing, the [type of license] of [name of license holder] is [suspended or
revoked] as of the date of this notice. This [suspension or revocation] is
based on - for example: Option 1: misappropriation to his own use money
belonging to a policyholder, specifically the sum of $500 from Mary Smith on or
about the 1st day of March, 2008; or Option 2: misappropriation to his own use
money belonging to a policyholder. A more definite and detailed statement of
the allegation may be obtained by applying to [name, address].
[agency] finds that the public welfare imperatively requires emergency action,
in that [finding of fact - for example: John Doe has notified the commissioner
that he intends to continue the practice of retaining for his own use initial
payments received by him from his clients].
are entitled to attend the hearing and present evidence and arguments on
whether the [suspension or revocation] should be made permanent. You have a
right to be represented by counsel at the hearing. If you wish to contest
[suspension or revocation], or if you desire to waive formal proceedings under
2-4-603, MCA, you must notify [name, address] in writing within [number of days
which provides a reasonable opportunity to prepare] days of service of this
notice on you. Failure to notify [name] of your contest of this action will
result in [suspension or revocation] on the date of this hearing.
this ______ day of _____________________, 20___.
(must be signed by:)
By [authorized person's signature]
History: 2-4-202, MCA; IMP, 2-4-202, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1228, Eff. 10/12/79; AMD, 1992 MAR p. 1242, Eff. 6/12/92; AMD, 2008 MAR p. 1700, Eff. 8/15/08.