Rule 23.13.704 - REQUESTS FOR A FORMAL CONTESTED CASE HEARING UNDER MAPA(1) If the director, upon a majority vote of the Case Status Committee, denies, sanctions, suspends, or revokes an officer's POST certification pursuant to ARM 23.13.703 and the officer receives a notice of agency action, then the officer has the right to request a formal contested case proceeding under MAPA, to include a hearing, pursuant to 44-4-403, MCA. (a) The proceedings and hearing can only be initiated by a written request from the officer whose certificate was denied, sanctioned, suspended, or revoked, or the officer's attorney, and not by any other person or entity.(b) To request a hearing, the officer must follow the instructions contained in the "notice of agency action" and notify the appropriate individual or the director that the officer requests a hearing within 30 days of the date of the notice of agency action. A hearing request must identify by paragraph number the specific factual allegations or law in the notice of agency action with which the respondent disagrees. It may also include a response to the allegations set forth in the notice of agency action.(c) Failure to notify and request a hearing within 30 days of the date of the notice of agency action will constitute a waiver of the right to a hearing, and the notice of agency action will become the final agency decision.(2) Any public safety officer or appointing authority aggrieved by a decision of the director, other than a decision by the director to deny, sanction, suspend, or revoke a certificate, that is not a final decision following a contested case hearing, as provided in 2-4-623, MCA, may request the director's decision be placed on the agenda for consideration by the council at the council's next regularly scheduled meeting.Mont. Admin. r. 23.13.704
NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/2017; AMD,2018 MAR p. 2518, Eff.12/22/2018; AMD, 2022 MAR p. 1835, Eff. 9/24/2022; AMD, 2024 MAR p. 607, Eff. 3/23/2024AUTH: 2-15-2029, MCA; IMP: 2-4-201, 2-15-2029, 44-4-403