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(1) The department shall transmit to the board all records that are pertinent to the appeal, including documents not admitted into the record by the appeals referee. The board will consider such records or portions of those records as the board deems appropriate. As soon as possible after the hearing, the board will decide whether to reverse, modify, or affirm the decision of the appeals referee. Written notice of the board's action will be sent to all interested parties.

(2) The board will review the appeals referee's decision for errors of law or fact. In making its determination, the board will consider the record transmitted on appeal, written or oral arguments, as well as any new material admitted pursuant to ARM 24.7.312.

(3) If a party fails to appear at the board proceeding and no good cause for continuance is shown, the board shall render its decision on the basis of the record, written argument submitted, and argument of parties in attendance. 

(4) Inability of the board to achieve a favorable vote regarding an appeal results in affirming the decision of the appeals referee.


History: 2-4-201, MCA; IMP, 2-4-201, 39-51-310, 39-51-1109, 39-51-2404, 39-51-2407, MCA; Eff. 12/31/72; AMD, 1985 MAR p. 1562, Eff. 10/18/85; AMD, 1995 MAR p. 1045, Eff. 6/16/95; 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.

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