1.3.213    CONTESTED CASES, EMERGENCY SUSPENSION OF A LICENSE

(1) Pursuant to 2-4-631(3), MCA, if an agency makes a determination that public health, safety, or welfare requires emergency action, the agency may order immediate suspension of a license. The order must include findings justifying emergency action, and revocation proceedings must be promptly instituted and determined.

(a) See sample form 213a.

 

 

          Sample Form 213a:  Notice of Immediate Suspension or Revocation of a License

 

                          BEFORE THE [agency] OF THE STATE OF MONTANA

 

In the matter of [type of license and         )        NOTICE OF [action taken - for ex:
name of holder (for example:  Insurance  )        SUSPENSION OF PRODUCER'S
Producer's License of John Doe)]             )        LICENSE] AND HEARING FOR
                                                                  )        [SUSPENSION OR REVOCATION]
                                                                  )        OF [TYPE OF LICENSE]

 

            TO:  [name of license holder]

 

            At [time, date], at [room, building, address], a hearing will be held for the [suspension or revocation] of the [type of license] of [name of license holder]. 

 

            The [agency] will make reasonable accommodations for persons with disabilities who wish to participate in this hearing or need an alternative accessible format of this notice.  If you require an accommodation, contact [agency] no later than 5:00 p.m. on [date - no requirement specified in MAPA], to advise of the nature of the accommodation that is needed.  Please contact [name, address, telephone, TTD number, fax, e-mail]. 

 

            This hearing is held under the authority of [Section ________, MCA].  Violation of [MCA section or agency regulation] is alleged. 

 

            Pending the hearing, the [type of license] of [name of license holder] is [suspended or revoked] as of the date of this notice.  This [suspension or revocation] is based on - for example:  Option 1:  misappropriation to his own use money belonging to a policyholder, specifically the sum of $500 from Mary Smith on or about the 1st day of March, 2008; or Option 2:  misappropriation to his own use money belonging to a policyholder.  A more definite and detailed statement of the allegation may be obtained by applying to [name, address]. 

 

            The [agency] finds that the public welfare imperatively requires emergency action, in that [finding of fact - for example:  John Doe has notified the commissioner that he intends to continue the practice of retaining for his own use initial payments received by him from his clients]. 

 

            You are entitled to attend the hearing and present evidence and arguments on whether the [suspension or revocation] should be made permanent.  You have a right to be represented by counsel at the hearing.  If you wish to contest [suspension or revocation], or if you desire to waive formal proceedings under 2-4-603, MCA, you must notify [name, address] in writing within [number of days which provides a reasonable opportunity to prepare] days of service of this notice on you.  Failure to notify [name] of your contest of this action will result in [suspension or revocation] on the date of this hearing. 

 

            Dated this ______ day of _____________________, 20___.

 

                                                                                        (must be signed by:)
                                                                          By         [authorized person's signature]   

 

History: 2-4-202, MCA; IMP, 2-4-202, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1228, Eff. 10/12/79; AMD, 1992 MAR p. 1242, Eff. 6/12/92; AMD, 2008 MAR p. 1700, Eff. 8/15/08.