Montana Code Annotated 2023



Part 3. Certificate of Need

Right To Hearing And Appeal

50-5-306. Right to hearing and appeal. (1) An affected person may request a contested case hearing before the department under the provisions of Title 2, chapter 4, by filing a written request with the department within 30 days after receipt of the notification required in 50-5-302(13). The written request for a hearing must include:

(a) a statement describing each finding and conclusion in the department's initial decision that will be contested at the hearing and why each finding and conclusion is objectionable or in error; and

(b) a summary of the evidence that will be submitted to contest the findings and conclusion identified in subsection (1)(a).

(2) The hearing must be limited to the issues identified under subsection (1) and any other issues identified through discovery.

(3) The public hearing must be held within 30 calendar days after the request is received unless the hearings examiner extends the time limit for good cause.

(4) The department shall make its final decision and serve the appellant with written findings of fact and conclusions of law in support of the decision within 30 days after the conclusion of the hearing unless the parties to the hearing agree to a different date.

(5) Any adversely affected person who was a party to the hearing may appeal the department's final decision to the district court as provided in Title 2, chapter 4, part 7.

(6) On application by a person whose proposal has been approved under the procedure provided for in 50-5-302, a district court may order a person who requested a contested case hearing to pay the successful applicant's costs and attorney fees incurred in the hearing and on appeal, if the court determines that the reasons for requesting the contested case hearing were frivolous.

(7) The department may by rule prescribe in greater detail the hearing and appellate procedures.

History: En. Sec. 170, Ch. 197, L. 1967; amd. Sec. 21, Ch. 366, L. 1969; amd. Sec. 2, Ch. 447, L. 1975; R.C.M. 1947, 69-5212(6); amd. Sec. 16, Ch. 347, L. 1979; amd. Sec. 6, Ch. 329, L. 1983; amd. Sec. 2, Ch. 26, L. 1985; amd. Sec. 6, Ch. 477, L. 1987; amd. Sec. 6, Ch. 398, L. 1995; amd. Sec. 8, Ch. 93, L. 1997.