37-1-309 Notice -- request for hearing -- method of communication and service -- fee

37-1-309 . Notice -- request for hearing -- method of communication and service -- fee. (1) If a reasonable cause determination is made pursuant to 37-1-307 that a violation of this part has occurred and the provisions of 37-1-321 do not apply, a notice must be prepared by department legal staff and served on the alleged violator. The notice may not allege a violation of a particular statute, rule, or standard unless the board or the board's screening panel, if one has been established, has made a written determination that there are reasonable grounds to believe that the particular statute, rule, or standard has been violated.

(2) The notice must state that the licensee or license applicant may request a hearing to contest the charge or charges. A request for a hearing must be in writing and received in the offices of the department within 21 days after the licensee's receipt of the notice. Failure to request a hearing constitutes a default on the charge or charges, and the board may enter a decision on the basis of the facts available to it.

(3) The board shall serve a notice or order:

(a) by electronic means, if consented to by the licensee or license applicant;

(b) by certified mail to the most recent address furnished to the agency by the licensee or license applicant; or

(c) by personal service pursuant to the Montana Rules of Civil Procedure, in which case the board may recover all associated fees and costs.