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(1) A person who has been aggrieved by a final decision of the board of trustees of a school district in a contested case is entitled to commence an appeal before the county superintendent.

(2) A school controversy contested case shall be commenced by filing a notice of appeal with the county superintendent and the parties within 30 days after the final decision of the board of trustees of the school district is made. The date of filing shall be determined to be the date the notice is delivered to the county superintendent or, if mailed, the date the notice is deposited in the U.S. mail as evidenced by the postmark date. Notice of appeal shall be served on the parties by certified mail or personal delivery. Respondent shall file a written reply to the notice of appeal within 10 business days of receipt.

(3) A party to a controversy may make and file with the county superintendent an affidavit disqualifying the county superintendent pursuant to 20-3-211 , MCA. The affidavit must be filed not less than 10 days before the original date set for the hearing.

History: 20-3-107, MCA; IMP, 20-3-107, MCA; NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1985 MAR p. 246, Eff. 3/15/85; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 1990 MAR p. 933, Eff. 5/18/90; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

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