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.
(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.
History: En. Sec. 4, Ch. 35, L. 1965; amd. Sec. 1, Ch. 349, L. 1969; amd. Sec. 109, Ch. 349, L. 1974; amd. Sec. 5, Ch. 542, L. 1977; R.C.M. 1947, 69-4004(part); amd. Sec. 2501, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 75. Environmental Protection
Chapter 10. Waste and Litter Control
Part 2. Licensing of Refuse Disposal and Transportation Montana Solid Waste Management Act
75-10-202. Legislative intent, findings, and policy
75-10-204. Powers and duties of department
75-10-207. Ground water monitoring
75-10-208. Department rulemaking authority for infectious waste
75-10-212. Disposal in unauthorized area prohibited -- exception
75-10-213. Unlawful disposition of dead animals -- exception
75-10-214. Exclusions -- exceptions to exclusions
75-10-215. Statewide household hazardous waste public education program
75-10-216. Waste tire disposal sites -- financial assurance required
75-10-219. and 75-10-220 reserved
75-10-221. License required -- application
75-10-222. Notification of and validation by local health officer
75-10-223. Refusal by local health officer -- appeal to board
75-10-224. Revocation or denial of license by department
75-10-227. Administrative enforcement
75-10-229. and 75-10-230 reserved
75-10-232. Penalty for violations
75-10-233. Dumping penalty -- enforcement
75-10-234. Liability -- defense and exclusions
75-10-235. through 75-10-239 reserved
75-10-240. Disposal of coal combustion residues -- cost benefit analysis required
75-10-241. through 75-10-249 reserved
75-10-250. Baled waste tires prohibited -- exception -- department rules