Montana Code 50-6-327. Administrative enforcement
50-6-327. Administrative enforcement. (1) If the department believes that there is a violation of this part or a violation of a rule of the department, it may serve notice of the violation upon the alleged violator or the alleged violator’s agent. Service of notice must be by certified mail and is complete on the date of mailing.
Terms Used In Montana Code 50-6-327
- Aircraft: has the meaning provided in 67-1-101. See Montana Code 50-6-302
- Ambulance: means a privately or publicly owned motor vehicle or aircraft that is maintained and used for the transportation of patients. See Montana Code 50-6-302
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-6-302
- Emergency medical service: means an out-of-hospital health care treatment service or interfacility emergency medical transportation provided by an ambulance or nontransporting medical unit that is licensed by the department to provide out-of-hospital health care treatment services or interfacility emergency medical transportation, including community-integrated health care. See Montana Code 50-6-302
- Person: means an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including a governmental agency other than the United States. See Montana Code 50-6-302
- Writing: includes printing. See Montana Code 1-1-203
(2)Notice required under subsection (1) must:
(a)specify the provision of this part or the rule alleged to be violated;
(b)contain a statement of the facts alleged to constitute a violation; and
(c)include an order that the alleged violator take necessary corrective action within a reasonable period of time as stated in the order. The order may include corrective action, such as decertification of a specific vehicle or aircraft from use as an ambulance or restriction on the use of a specific individual or type of or level of service in providing emergency medical service.
(3)An order issued pursuant to subsection (2) becomes final unless the person named in the order requests a hearing before the department. The request for a hearing must be made in writing to the department at least 30 days after the date of service of notice of an alleged violation. On receipt of the request, the department shall schedule a date for a hearing.
(4)If, after a hearing, the department finds that a violation has occurred, it shall either affirm or modify the corrective action order. An order issued by the department after hearing may prescribe the date by which the violation must cease and may prescribe time limits for corrective action. If, after a hearing, the department finds a violation has not occurred, it shall rescind the corrective action order.