Montana Code 50-6-504. Enforcement — cessation order — hearing — injunction
50-6-504. Enforcement — cessation order — hearing — injunction. (1) If the department receives information that an AED is being used in violation of this part or a rule adopted by the department pursuant to 50-6-503, it may send a written order to the entity responsible for use of the AED, as specified in the plan prepared pursuant to 50-6-502, ordering the entity to cease the violation immediately. The order is effective upon receipt by the entity, and the entity shall comply with the terms of the order. If the department receives information that the violation has been corrected, the department may rescind its order by sending a notice to that effect to the entity. The rescission is effective upon its receipt by the entity.
Terms Used In Montana Code 50-6-504
- AED: means a medical device that:
(a)has received approval for marketing from the U. See Montana Code 50-6-501
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 50-6-501
- Entity: means a public agency, department, office, board, or commission or other governmental organization or a private corporation, partnership, group, or business or other private organization. See Montana Code 50-6-501
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(2)The entity may request a hearing to contest an order issued by the department pursuant to subsection (1) by submitting a written request to the department within 30 days after receipt of the order. A request for a hearing does not stay the enforceability of the department’s order. The hearing must be held within 30 days after the department receives the request, unless the hearings officer sets a later date for good cause. The hearing must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.
(3)Either the county attorney for the county in which the violation occurred or the department may bring an action in the district court of the county where the violation occurred to enforce the department’s order or to directly enjoin a violation of this part or a rule adopted pursuant to 50-6-503.