23.8.204    CERTIFICATION PROCESS

(1) The department shall review applications for certification to determine whether the applicant has met the PSAP certification requirements.

(2) If an applicant meets the PSAP certification requirements, the department shall issue a written determination, and the certified PSAP may begin receiving payments under 10-4-305, MCA.

(3) If an application for PSAP certification is not approved, the department shall send the applicant written notice of any application deficiencies and PSAP certification requirements that were not met.

(4) The applicant shall have 90 days from the date of the notice to correct deficiencies and demonstrate compliance. Except as provided in (5) or (6), if an applicant has not corrected deficiencies and demonstrated compliance with PSAP certification requirements within 90 days, the department shall:

(a) deny the application or grant conditional PSAP certification; and

(b) provide the applicant notice and an opportunity for hearing.

(5) An applicant that has received a deficiency notice may request an additional 90 days to correct deficiencies or demonstrate compliance with PSAP certification requirements.

(6) If an applicant wishes to immediately dispute a department determination, the applicant may ask the department to provide formal notice of denial and an opportunity for hearing.

(7) The department may appoint a hearing examiner to conduct hearings under 2-4-611, MCA.

(8) The final determination in a contested case regarding PSAP certification is made by the department director.

 

History: 10-4-108, MCA; IMP, 10-4-107, 10-4-109, 10-4-305, MCA; NEW, 2018 MAR p. 427, Eff. 2/24/18; TRANS, from 2.13.306, 2022 MAR p. 833, Eff. 5/28/22.