Current through Register Vol. 6, March 22, 2024
(1) Hearings under the programs specified in
this rule are available to the extent specifically provided by law, including
the Montana Code Annotated and department rules. The provisions of ARM
37.5.311 and
37.5.318 do not apply to such
hearings. Such hearings shall be conducted in accordance with the Montana
Administrative Procedure Act and ARM
37.5.304,
37.5.307,
37.5.313,
37.5.316,
37.5.322,
37.5.325,
37.5.328,
37.5.331,
37.5.334, and
37.5.337.
(a) vital statistics under Title 50, chapter
15, MCA;
(b) food establishment
licensure and enforcement under Title 50, chapter 50, MCA;
(c) lodging space accommodation establishment
licensure and enforcement under Title 50, chapter 51, MCA;
(d) campground and trailer court licensure
and enforcement under Title 50, chapter 52, MCA;
(e) laboratory licensure under
50-1-210,
MCA;
(f) licensure and enforcement
of public swimming pools, spas and other water features under Title 50, chapter
53, MCA;
(g) emergency medical
services licensure and enforcement under Title 50, chapter 6, MCA;
(h) designation of health care facilities as
trauma facilities under Title 50, chapter 6, part 4, MCA;
(i) health care facility licensure and
enforcement under Title 50, chapter 5, MCA;
(j) denial or revocation of a certificate of
public advantage under Title 50, chapter 4, part 6, MCA;
(k) enforcement of the Montana Food, Drug,
and Cosmetic Act, Title 50, chapter 31, MCA;
(l) department findings or determinations of
abuse, neglect or misappropriation of resident funds by a nurse aide in a
nursing facility under
42
CFR 488.335, subject to the provisions of
42
CFR 488.335;
(m) refusal, revocation or suspension of a
certificate of sanitation under ARM Title 37, chapter 112, subchapter
1;
(n) denial of an application for
approval of chemical dependency treatment programs under ARM Title 37, chapter
27, subchapter 1;
(o) requests for
departmental review of final decisions under the Healthy Montana Kids (HMK)
Plan;
(p) denial, suspension,
restriction, revocation or reduction to provisional status of a child placing
agency license under ARM Title 37, chapter 93, subchapter 2;
(q) denial, suspension, revocation or
nonrenewal of a youth foster care license or youth care facility license under
ARM Title 37, chapter 97, subchapter 1;
(r) denial of a license for a community home
for persons with developmental disabilities under ARM Title 37, chapter 100,
subchapters 3 and 4;
(s) assessment
of a tobacco education fee against an employee or owner of an establishment
under
16-11-308,
MCA;
(t) denial or other
determinations of the amount, duration or continuation of an adoption subsidy
under ARM Title 37, chapter 52, subchapter 2;
(u) requests for review of determinations by
the department regarding pharmaceutical manufacturer's rebate agreements
pursuant to ARM
37.86.1102; and
(v) any department program with respect to
which a right to hearing is specifically granted by law, including department
rule, but for which a hearing process is not otherwise provided by department
rule.
50-1-202,
53-2-201,
53-4-1009,
53-6-113,
MCA; IMP,
41-3-1103,
41-3-1142,
42-10-104,
50-1-202,
50-4-612,
50-5-103,
50-6-103,
50-6-402,
50-15-102,
50-15-103,
50-15-121,
50-15-122,
50-31-104,
50-52-102,
50-53-103,
52-2-111,
53-2-201,
53-4-1004,
53-4-1009,
53-4-1105,
53-6-101,
53-6-111,
53-6-113,
53-6-402,
53-20-305,
53-24-208,
MCA;