Mont. Admin. R. 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.
Notes
Sec. 50-1-202, MCA; IMP, Sec. 50-1-202, MCA;
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