23.15.205    RECONSIDERATION OF CLAIMS UNDER 53-9-130 , MCA

(1) The office may reconsider a claim at the request of the claimant when no informal hearing under 53-9-122 , MCA, was held, and when the time for requesting such hearing has expired.

(2) A claimant may request a reconsideration only upon presentation of newly discovered evidence, which could not have been previously discovered with reasonable diligence.

(3) A claimant's request for a reconsideration must:

(a) be in writing;

(b) state the reason why the office's prior decision should be reconsidered; and

(c) explain why an informal hearing under 53-9-122 , MCA, was not requested or held.

(4) The office administrator will review the request and all relevant evidence provided by the claimant and recommend whether the request should be granted or denied.

(5) The recommendation will be reviewed by the deputy director who may concur, reject, or modify the recommendation.

(6) A reconsideration may be done at any time if requested by the crime victims unit. The request will be reviewed by the deputy director who may grant, deny, or modify the determination requested as provided in (5) .

History: Sec. 53-9-104, MCA; IMP, Sec. 53-9-130, MCA; NEW, 1994 MAR p. 1999, Eff. 7/2/94; AMD, 2002 MAR p. 1753, Eff. 6/28/02.