(1) The board review on an appeal of an appeals referee's decision shall be conducted informally, and in such manner as to ascertain the substantial rights of the parties. Review is initiated by filing a notice of appeal with the board.

(a) A notice of appeal should set forth all errors of the appeals referee's decision.

(b) All issues relevant to an appeal shall be considered and passed upon by the board.

(2) After receiving a notice of appeal, the board will issue written notice of the date, time, and place of the board review.  The notice will be mailed to the parties at least ten days prior to the board's review.

(3) An interested party to an appeal before the board may appear at any proceeding held in such appeal, either on the party's own behalf, by an attorney at law, or through an authorized lay representative. Lay representatives may not be paid for the representation unless they are employed by the claimant's labor union, are an employee of the employer or third party administrator for an employer or group of employers receiving regular wages for the representation, or in the interest of justice at the board's sole discretion.

(4) At the scheduled date and time of the board proceeding, the board will make two attempts to reach each interested party at the telephone number(s) provided. If the board is unable to reach a party and/or the party fails to appear or make a request to continue, the board will make a determination pursuant to ARM 24.7.306.

(5) At any time prior to the issuance of the board's decision, the board may at its discretion continue a proceeding in order to secure evidence or argument that is necessary and to be fair to the parties, but in no case may the board's review be continued without board action for more than 60 days beyond the date originally set for the board proceeding. In the event that a scheduled board proceeding is continued, the board review shall be rescheduled with due notice to all interested parties.


History: 2-4-201, MCA; IMP, 2-4-201, 39-51-1109, 39-51-2404, 39-51-2407, MCA; Eff. 12/31/72; AMD, 10/4/76; AMD, 1985 MAR p. 1562, Eff. 10/18/85; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 52, Eff. 1/15/22.