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10.6.119    FINAL ORDER

(1) The final order by the county superintendent shall be in writing and shall include findings of fact and conclusions of law separately stated and a memorandum opinion as appropriate. Findings of fact, as set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings.

(a) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

(b) Each conclusion of law shall be supported by authority or by a reasoned opinion.

(c) The final order shall inform the parties of their right to appeal the order to the state superintendent of public instruction, and when appropriate, shall include a copy of the uniform rules of administrative appellate procedure for the state superintendent of public instruction with the final order, ARM 10.6.120 through 10.6.130.

(2) The county superintendent shall insure for all cases that not later than 90 days after the receipt of the reply to notice of appeal a final order is reached and a copy of the findings of fact, conclusions of law and order is mailed to each party. The time limitation provided here may be waived upon request of the county superintendent or a party of the school controversy contested case, upon stipulation of the parties.

(3) In the case of an appeal to the county transportation committee, after hearing the committee shall meet and vote in open session whether to grant or deny the appeal. The members of the majority shall appoint one member to prepare findings of fact, conclusions of law and order which shall then be adopted at an open meeting of the transportation committee and signed by all members of the majority. Any member of the minority may put the reasons for his/her vote in writing, and this shall be made part of the record.

History: 20-3-107, MCA; IMP, 20-3-107, MCA; NEW, 1982 MAR p. 1689, Eff. 9/17/82; 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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