37.62.2105    HEARING ON DENIAL OF REVIEW REQUEST

(1) When a review is denied under ARM 37.62.2103, the parent requesting the review has the right to request a hearing on whether the review was properly denied. The request for hearing shall be made to the CSSD Office of the Administrative Law Judge, and must be received within 10 days after service of a notice denying the review request.

(2) The hearing shall be conducted in accordance with CSSD rules at ARM 37.62.901, et seq., except that the hearing is not a contested case hearing, and therefore no judicial review is available. The scope of the hearing is limited to the CSSD's decision rejecting the review request, and the order of the administrative law judge is not subject to ARM 37.62.949 regarding proposed orders.

History: 40-5-202, MCA; IMP, 40-5-202, MCA; NEW, 1994 MAR p. 2011, Eff. 7/22/94; TRANS, from SRS, 2000 MAR p. 3551; AMD, 2006 MAR p. 574, Eff. 2/24/06; AMD, 2020 MAR p. 966, Eff. 5/30/20.