75-10-223. Refusal by local health officer — appeal to board. (1) The local health officer may refuse to validate a license issued under this part only upon a finding that the requirements of this part and the rules implementing this part cannot be satisfied. If the local health officer refuses to validate the license, the local health officer shall notify the applicant, the department, and any other interested person in writing.

Terms Used In Montana Code 75-10-223

  • 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.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203

(2)The applicant or any person aggrieved by the decision of the local health officer not to validate a license may appeal the decision to the board within 30 days after receiving written notice of the local health officer’s decision.

(3)The hearing before the board must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.