44.3.1707    APPEAL FROM DISAPPROVAL

(1) If upon examination any system shall have been disapproved by the Secretary of State under these rules, the applicant may appeal by requesting reconsideration of the system so disapproved, under the following conditions:

(a) Such request for reconsideration shall be made within 60 days after applicant has been notified of the disapproval of the system presented for examination.

(b) Such request shall be in writing.

(c) Such request shall be limited to the grounds of disapproval as stated in the notification of the Secretary of State. The discovery or further explanation of advantages of the system not pertinent to the grounds upon which the system was disapproved shall not constitute an adequate cause for reconsideration.

(2) If the Secretary of State approves such request for reconsideration, he shall notify the applicant therefore in writing, and shall state the time and place fixed for reexamination of the system, if, in his opinion, reexamination is required. If reexamination is not required, he shall so state, and the matter of reconsideration may be consummated by mail, or by a hearing to be held at such time and place as the Secretary of State may fix. If a hearing is held, the Secretary of State shall make a full report of the same, shall file the same in his office and transmit a copy thereof to the applicant at the address stated in his application for reconsideration.

(3) If such reexamination, correspondence or hearing results in the approval of a system, the Secretary of State shall proceed to give notice of such approval in the manner provided in ARM 44.3.1706.

History: 13-17-107, MCA; IMP, 13-17-101, 13-17-103, MCA; NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 2010 MAR p. 1545, Eff. 6/25/10.