Rule 37.19.104 - FAMILY PLANNING PROGRAM TERMINATION PROCEDURES(1) Except as provided in (3), upon a finding of major uncorrected program deficiencies as set forth in ARM 37.19.103, the department will notify the local board and project director of its intent to terminate the local program. This notice will identify the program deficiencies upon which the termination action is based, and will offer the opportunity for the local program to request an informal reconsideration before the department to contest the termination decision. Such request for an informal reconsideration must be received in writing by the department no later than 2 weeks after issuance of the notice of intent to terminate.(2) If a timely request for an informal reconsideration is received, the reconsideration will be conducted within 30 days following the receipt of the request. Such informal reconsideration shall be conducted in accordance with the procedures specified for informal reconsiderations in ARM 37.5.305, and is not subject to the contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, MCA or, except as provided in this rule, the provisions of ARM 37.5.304, 37.5.307, 37.5.325, 37.5.328, 37.5.331, 37.5.334 and 37.5.337. The department's final decision on termination will be made within 30 days following the reconsideration. The final decision will be accompanied by a brief statement of the department's findings.(3) Notwithstanding the provisions of ARM 37.19.103 and this rule, upon a determination by the department that serious program deficiencies constitute an imminent threat to the health, safety or well being of the program's clients, the department may institute emergency termination procedures without first having completed the procedures set forth in ARM 37.19.103 and this rule. In such a case, the notice of intent to terminate may, if appropriate, include notification that the department will discontinue program funding within 5 days following receipt of the notice, pending final action on the termination decision.Mont. Admin. r. 37.19.104
NEW, 1985 MAR p. 1332, Eff. 9/13/85; AMD, 2000 MAR p. 1653, Eff. 6/30/00; TRANS, from DHES, 2001 MAR p. 398.Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA;