24.11.316    TRANSFER OF FILES TO OFFICE OF ADMINISTRATIVE HEARINGS

(1) After receiving a notice to appeal a department determination or redetermination on benefits, department staff send the administrative file to the Office of Administrative Hearings of the department.

(2) Upon receiving a notice to appeal a department determination or redetermination on tax matters, the contributions bureau sends a copy of relevant evidence in the administrative record to all interested parties and to the Office of Administrative Hearings, but retains the administrative file.

(3) If the department is an active participant in the administrative hearing, the department's representative at the hearing must receive notices and other hearing documents in the same manner as any other interested party.

History: 39-51-301, 39-51-302, MCA; IMP, 39-51-1109, 39-51-2403, 39-51-2407, MCA; NEW, 1988 MAR p. 2723, Eff. 1/1/89; AMD, 1996 MAR p. 1667, Eff. 7/1/96; AMD, 2006 MAR p. 916, Eff. 4/7/06.