77-1-128. Administrative hearings. (1) A person adversely affected by any notice, action, or order of the department may, within the timeframe stated in the notice of noncompliance provided for in 77-1-126, request an administrative hearing before the director or the director's designee. The director or the director's designee shall hold a hearing within 30 days of the request. Participants may be represented by legal counsel. The director or the director's designee shall make a record of the proceeding and enter an order and findings within 30 days after the hearing.
(2) Within 30 days after the director or the director's designee renders an order and findings, the person adversely affected may file a petition in district court requesting that the order and findings be set aside or modified. The court may affirm, modify, or set aside the order complained of, in whole or in part.
History: En. Sec. 4, Ch. 164, L. 2007.
Structure Montana Code Annotated
Chapter 1. Administration of State Lands
77-1-102. Ownership of certain islands and riverbeds
77-1-103. Administration of lands
77-1-106. Setting of rates or fees -- rules
77-1-107. Purchase of historic easement across state land for benefit of private land
77-1-108. Trust land administration account -- administrative costs -- appropriation
77-1-109. Deposits of proceeds in trust land administration account
77-1-112. Violations classified
77-1-113. Restrictions on who may buy or lease state lands
77-1-117. Disposition of fines and judgment proceeds
77-1-118. Use of exploding targets prohibited -- definition -- penalty
77-1-121. Environmental review compliance -- exemptions
77-1-122. Environmental review of energy development projects on state land
77-1-123. and 77-1-124 reserved
77-1-126. Notice of noncompliance
77-1-127. Department authorized to control weeds -- billing for weed control
77-1-128. Administrative hearings
77-1-129. Rulemaking authority
77-1-131. State lands historic right-of-way account
77-1-132. Earnings reserve account
77-1-141. Determination of date of delivery