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24.28.105    MOTIONS TO DISMISS FOR FAILURE TO MEET SETTLEMENT REQUIREMENTS

(1) A party may request a mediator to dismiss a mediation request because the settlement requirements of 39-71-2401 , MCA, have not been met. The request must be in writing, setting forth the party's specific objections, and filed with the mediator within ten working days after the department's mailing of a copy of the mediation request form to the opposing parties. A copy of the request for dismissal shall be mailed by the party requesting dismissal to all other parties.

(2) Upon receipt of a request under this rule, the mediator shall attempt to communicate with the parties to ascertain whether the settlement requirements have been met. After the communication, or a reasonable attempt at communication, if the mediator determines that the settlement requirements have not been met, the mediator may issue an order dismissing the request. The order must state specifically what the requesting party must do to meet the settlement requirements. The order may be appealed to the workers' compensation court within ten working days after the date of the order.

(3) Parties may waive the settlement requirements by mutual agreement.

History: 39-71-2407, MCA; IMP, 39-71-2411, MCA; NEW, 1987 MAR p. 890, Eff. 6/26/87; AMD, 1995 MAR p. 2818, Eff. 1/1/96.

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