Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.5 - FAIR HEARINGS AND CONTESTED CASE PROCEEDINGS › Subchapter 37.5.1 - Applicable Hearing Procedures › Rule 37.5.117 - CERTAIN TITLE 50 PROGRAMS AND OTHER PROGRAMS FOR WHICH NO PROCEDURE IS OTHERWISE SPECIFIED: APPLICABLE HEARING PROCEDURES

Current through Register Vol. 13, July 5, 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.