37-1-403 Notice -- request for hearing -- method of communication and service -- fee

37-1-403 . Notice -- request for hearing -- method of communication and service -- fee. (1) If the department determines that reasonable cause exists supporting the allegation made in a complaint and the provisions of 37-1-321 do not apply, the department legal staff shall prepare a notice and serve the alleged violator.

(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 must be 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 department may enter a decision on the basis of the facts available to it.

(3) The department 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 department may recover all associated fees and costs.