24.23.310    APPEAL OF CERTIFICATION DENIAL

(1) An applicant who has attempted to cure deficiencies and whose certification was nonetheless denied may request a hearing. 

(2) A request for hearing must be made within 30 days of the date of mailing of the denial of certification.  The request must identify the denial being disputed and the basis upon which the dispute is being made.  The request for hearing must be sent to [email protected]. 

(3) A hearing requested pursuant to this rule will be conducted pursuant to Title 2, chapter 4, MCA.

(4) The applicant bears the burden of demonstrating that the department's denial constitutes an abuse of discretion.

 

History: 39-11-404, MCA; IMP, 39-11-404, MCA; NEW, 2022 MAR p. 157, Eff. 1/29/22.