1. (1) The department may withhold payment to an area agency if it finds the area agency has failed to:

   1. (a) substantially comply with federal or state law;
   2. (b) submit required reports with the department; or
   3. (c) follow policy or procedures in a manner that results in decreased services.

2. (2) Prior to making a final determination to withhold funds, the department will provide the agency with:

   1. (a) written notice of the action to withhold funds;
   2. (b) documentation of the need for such action; and
   3. (c) the opportunity for a public hearing on the action.

Authorizing statute(s): 52-3-406, MCA

Implementing statute(s): 52-3-402, 52-3-404, MCA

History: NEW, 1980 MAR p. 1100, Eff. 3/28/80; READOPT, 1983 MAR p. 740, Eff. 7/1/83; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 2279; AMD, 2024 MAR p. 1884, Eff. 7/27/24.