Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.22 - WORKFORCE DEVELOPMENT
Subchapter 24.22.3 - Incumbent Worker Training Program
Rule 24.22.347 - APPEALS
Universal Citation: MT Admin Rules 24.22.347
Current through Register Vol. 6, March 22, 2024
(1) An employer has the right to appeal when the department:
(a)
decides not to award grant funding for incumbent worker training; or
(b) awards less grant funding than
requested.
(2) If an employer disagrees with the department's decision to not approve an application, or to approve less funding than was requested, the employer may either:
(a) request an administrative review
within 30 calendar days of the date of the notice of the department's decision
regarding the application. The employer may seek informal administrative review
of a decision by submitting a written request for an administrative review to
the department: Department of Labor and Industry, Incumbent Worker Training
Program, P.O. Box 1728, Helena MT 59604-1728, or electronically to iwt@mt.gov;
or
(b) request a contested case
proceeding within 20 calendar days of the date of the notice of final decision
of the department, which may be the result of an administrative review
requested pursuant to (a). The employer shall submit a written request to the
department for a contested case proceeding, pursuant to Title 2, chapter 4,
MCA, at the address provided in this rule.
(3) The employer bears the burden of demonstrating that the action by the department constitutes an abuse of discretion.
AUTH: 53-2-1220, MCA IMP: 53-2-1217, 53-2-1218, MCA
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