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(1) Only an applicant has standing to request a hearing. A request for a hearing may be made when there has been a denial of:

(a) a grant application;

(b) the full amount requested in a grant application that has otherwise been awarded; or

(c) a reimbursement request for a specific expense.

(2) A request for a hearing must be made in writing within 30 days of the date of mailing of the notice of denial. The request must identify the denial being disputed, and the basis upon which the dispute is being made. The request for the hearing must be sent to HelpLinkmailbox@mt.gov.

(3) A hearing requested pursuant to this rule will be conducted under the informal contested case procedures provided by 2-4-604, MCA, under the Montana Administrative Procedure Act.

(4) In a hearing under this rule:

(a) the applicant has the burden to show that the department abused its discretion in making a determination or otherwise failed to provide a fundamentally fair process in its decision making; and

(b) the applicant bears the burden of proof and the burden of production of evidence.

(5) A party that receives an adverse final decision under this rule may appeal to District Court in the manner provided by the Montana Administrative Procedure Act. 


History: 39-12-107, MCA; IMP, 39-12-103, 39-12-106, MCA; NEW, 2020 MAR p. 2409, Eff. 12/25/20.

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