50-50-215. Refusal by local health officer -- appeal to board. (1) (a) The local health officer may refuse to validate a license issued under this chapter only upon a finding that the requirements of this chapter and any rules implementing this chapter are not satisfied. If the local health officer refuses to validate the license, the officer shall notify the applicant and the department in writing stating the officer's reasons.
(b) If a local health officer does not approve a registration of a cottage food operator, as provided in 50-50-117, or a temporary food establishment permit, as provided in 50-50-120, the officer shall notify the applicant in writing stating the officer's reasons.
(2) The applicant or any person aggrieved by the decision of the local health officer as provided in subsection (1) may appeal the decision to the local board of health within 30 days after receiving written notice of the local health officer's decision.
(3) The hearing before the local board of health must be held pursuant to the contested case provisions of the Montana Administrative Procedure Act.
History: En. Sec. 6, Ch. 200, L. 1979; amd. Sec. 1852, Ch. 56, L. 2009; amd. Sec. 24, Ch. 239, L. 2015.