80-4-723. Appeals to department -- hearing and order. (1) If an owner, consignee, shipper of grain, or warehouse operator disagrees with the grade given by the department, he may appeal to the department from the decision within 5 days from the date of certificate by giving notice of appeal. A fee must be charged if the appeal supports the original grade. The notice of appeal may be given by letter stating that the party appeals from the decision of the official grain inspector and specifying the initials and numbers of the cars in which the grain was contained when inspected and graded.
     (2) The appellant shall also file with the department a list containing the name and address of each party interested in the subject matter. The department, upon receiving the notice and list of interested parties, shall immediately notify the interested parties of the time and place designated by it for a hearing under the Montana Administrative Procedure Act. At the hearing, which must be 5 days from the date of receiving the notice, the department shall inquire into the reasonableness and correctness of the original grading. After the hearing, the department shall affirm or modify the grade as justified by the facts and evidence.

     History: En. Sec. 67, Ch. 539, L. 1983; amd. Sec. 20, Ch. 452, L. 1993.