17.50.514    APPEAL OF DENIAL OR REVOCATION

(1) If the department's final decision is to deny the license application or to revoke an existing license to operate a solid waste management system, the applicant (or licensee) and the local health officer have an opportunity to appeal the decision to the board.   The department shall inform them of this right in the letter of denial or revocation.   An appeal, if one is sought, must be filed with the board within 30 days after the notice of denial or revocation of license is received.

(2) If the department issues a license but the local health officer refuses to validate it, the applicant or any person aggrieved by the local health officer's decision may appeal the local health officer's decision to the board.   An appeal must be filed within 30 days after receipt of written notice of the local health officer's decision.

(3) The act does not provide third parties with the right of appeal to the board from a decision made by the department to issue, revoke, or deny a license.

History: 75-10-204, MCA; IMP, 75-10-204, 75-10-223, 75-10-224, MCA; Eff. 12/31/72; AMD, Eff. 7/5/74; AMD, 1977 MAR p. 1170, Eff. 12/24/77; AMD, 1993 MAR p. 1645, Eff. 10/9/93; TRANS, from DHES, 1995 MAR p. 2253.