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24.17.837    REQUEST FOR FORMAL HEARING

(1) A party who has received an adverse decision from a compliance specialist may request a formal hearing. The request for a formal hearing must be made within 15 days of the date either the determination or the redetermination is mailed to the party.

(2) A request must be in writing, mailed as specified in the adverse decision, and include the following:

(a) the name and address of the requesting party;

(b) the name and address of the opposing party; and

(c) a statement that the party desires a hearing.

(3) Upon receiving a timely, written request for a formal hearing, the department will commence contested case proceedings. Any question as to whether the request is timely will be resolved upon judicial review.

History: 18-2-431 and 39-3-202, MCA; IMP, 18-2-403, 18-2-407, 18-2-423 and 39-3-216, MCA; NEW, 2002 MAR p. 2446, Eff. 9/13/02.

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