Mont. Admin. R. 37.5.331 - NOTICE OF APPEAL AND REVIEW OF PROPOSAL FOR DECISION
(1) If a party is aggrieved by an adverse
proposal for decision, a request for review may be made by filing notice of
appeal in accordance with this rule.
(2) The notice of appeal must be made to and
shall be decided by the Board of Public Assistance, Department of Public Health
and Human Services, Office of Fair Hearings, P.O. Box 202953, Helena, MT
59620-2953 in cases arising from the following programs:
(a) Temporary Assistance for Needy Families
(TANF);
(b) food stamps;
(c) Medicaid;
(d) developmental disabilities
services;
(e) Low Income Energy
Assistance Program (LIEAP);
(f) Low
Income Weatherization Assistance Program (LIWAP);
(g) refugee assistance;
(h) mental health services plan;
and
(i) Healthy Montana Kids
(HMK).
(3) The notice of
appeal must be received by the Office of Fair Hearings within 15 days of the
date of mailing of the proposal for decision.
(4) The following procedures apply in a board
of public assistance review of a proposal for decision:
(a) Parties may file briefs no later than ten
days before the meeting of the board for review, except that reply briefs may
be filed within five days after actual receipt of an initial brief.
(i) Copies of all briefs shall be served upon
all parties.
(ii) An original and
four copies of each brief shall be filed with the Board of Public Assistance,
P.O. Box 202953, Helena, MT 59620-2953.
(b) Oral arguments to the board are permitted
at the board hearing.
(c) The
board's review and decision must comply with the provisions of
2-4-621,
MCA. For purposes of
2-4-621,
MCA, the board shall be considered the "agency", but this rule shall not be
construed to confer upon the board any authority to determine department
policy.
(d) The board may not
consider or make a part of the record any evidence not admitted in evidence by
the hearing officer for purposes of the hearing. If the admission or
consideration of additional evidence is necessary to the decision, the matter
shall be remanded to the hearing officer for additional proceeding as ordered
by the board.
(5) Except
as otherwise provided by department rule, in all cases not specified in (2),
the notice of appeal must be made to the department director in accordance with
2-4-621,
MCA. The review shall be conducted and decided by the director or the
director's designee.
(6) A notice
of appeal of a matter appealed to the director may be made in writing to the
Director, Department of Public Health and Human Services, 111 N. Sanders, P.O.
Box 4210, Helena, MT 59604-4210. The request must be received by the director
within 15 days of the mailing of the proposal for decision.
(7) The proposal for decision prepared by the
hearing officer is the final agency decision, without further action by the
board, the director or the director's designee, unless a request for review is
received within 15 days of the date of mailing of the proposal for decision.
The 15 day time limit may be extended if a party can show good cause but in no
event shall the period of time be extended beyond 45 days.
(8) If a request is received within the
specified time period, the board, the director, or the director's designee
shall consider the proposal for decision, the exceptions filed, briefs or oral
argument presented, and the record of the hearing, and shall:
(a) notify the parties and, if applicable,
the local office, regional office, central office, or other interested person
of the decision; and
(b) notify the
claimant or provider or other party of his right to judicial review.
Notes
52-2-704, 52-2-726, 53-2-201, 53-2-606, 53-4-212, 53-6-113, 53-7-102, MCA; IMP, 52-2-704, 53-2-201, 53-2-606, 53-4-1004, 53-4-1009, 53-4-1105, MCA;
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