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37.108.251    APPEAL FROM DEPARTMENT DECISION

(1) If a health carrier or health care provider is aggrieved by any decision made by the department pursuant to Title 33, chapter 36, part 2, MCA, and these rules, the aggrieved party may request a hearing before the department by submitting the request in writing to the department's Quality Assurance Division, Office of Fair Hearings, 616 Helena Avenue, Steamboat Block, P.O. Box 202953, Helena, MT 59620-2953.

(2) The hearing will be conducted in accordance with the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA and ARM 1.3.211 through 1.3.225 and ARM 1.3.230 through 1.3.233. For purposes of such hearings, the department hereby adopts and incorporates by reference ARM 1.3.211 through 1.3.225 and ARM 1.3.230 through 1.3.233, which contain the attorney general's model rules for contested cases. Copies of these rules may be obtained from the department's Office of Legal Affairs, P.O. Box 202951, Helena, MT 59620-2951.

(3) The provisions of ARM 46.2.201, 46.2.202, 46.2.205 through 46.2.212, 46.2.214 and 46.12.509A do not apply to such hearings.

History: Sec. 2-4-201 and 33-36-105, MCA; IMP, Sec. 2-4-201 and 33-36-105, MCA; NEW, 1999 MAR p. 2637, Eff. 9/24/99.

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