37.36.902    APPEAL PROCEDURES

(1) To appeal any program decision specified in ARM 37.36.902, an applicant or recipient must submit to the program a clear written statement that the applicant or recipient is dissatisfied with the decision and wishes to appeal it. The statement must be received by the program within 60 calendar days after the date notice of the decision is given to the applicant or recipient.

(a) If notice of a program decision is given by mail, the 60-day appeal period begins to run the day after the notice is mailed.

(2) Within 30 calendar days after receipt of an appeal, a representative of the program shall meet with the applicant or recipient to attempt to informally resolve the disputed matter. Within ten calendar days after this informal meeting, the program shall prepare a written summary of the issues in dispute and the proposed resolution and shall provide a copy to the applicant or recipient and the director.

(3) An applicant or recipient who is not satisfied with the proposed resolution of the matter after the informal meeting may request a hearing before the committee. A hearing before the committee must be held within 90 days of the date of receipt of the request for hearing. At the hearing the applicant or recipient may:

(a) be represented by legal counsel or a lay advocate; and

(b) may present evidence in support of the applicant or recipient's position, including but not limited to the testimony of witnesses, documents, or other written exhibits.

(4) When a recipient's loan is terminated from the program and the recipient files a timely appeal of the termination, the recipient shall be entitled to keep the equipment until the disputed matter is resolved. The matter is resolved when:

(a) the recipient accepts the proposed resolution after the informal meeting;

(b) the committee renders a decision after hearing; or

(c) the recipient withdraws the appeal.

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History: 53-19-307, MCA; IMP, 53-19-305, MCA; NEW, 1997 MAR p. 505, Eff. 3/11/97; TRANS, from SRS, 1998 MAR p. 2064.