Montana Code 50-53-207. Refusal of health officer to validate — appeal to board
50-53-207. Refusal of health officer to validate — appeal to board. (1) A local health officer may refuse to validate a license issued by the department under part 1 and this part only if the officer determines that the license applicant has not met the requirements for the issuance of a license under part 1, this part, and department rules. If the local health officer refuses to validate a license, the officer shall notify the license applicant and the department of the refusal within 5 days of the officer’s decision. The notice must state the grounds for the refusal.
Terms Used In Montana Code 50-53-207
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- board: means a local board as defined in 50-1-101. See Montana Code 50-53-102
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-53-102
- officer: means a local health officer as defined in 50-1-101. See Montana Code 50-53-102
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The license applicant may appeal the decision of the local health officer to the local board of health by filing a written notice of appeal with the officer and the board within 30 days of the officer’s refusal or within 30 days of the expiration of the period for the officer’s decision under 50-53-206, whichever is first.
(3)Upon filing the notice of appeal, the license applicant is entitled to a hearing before the board to determine the applicant’s eligibility for a license under part 1, this part, and department rules. The hearing must be held pursuant to the contested case procedure of the Montana Administrative Procedure Act. If the board finds that the applicant is entitled to a validated license, the presiding officer of the board shall validate the license by signing the license.