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(1) The department shall conduct an administrative review of a department order, requested pursuant to ARM 24.29.205(3) (a) , for the purpose of resolving the case and avoiding an unnecessary hearing, upon:

(a) receipt of a petition for administrative review which must contain:

(i) the name and address of the petitioner;

(ii) a short, plain statement of the petitioner's contentions; and

(iii) a statement of the resolution the petitioner is seeking; or

(b) receipt of a written mutual request by all of the parties to the dispute to agree to waive the formal contested case proceedings until an administrative review is conducted in accordance with 2-4-603 , MCA.

(2) An administrative review caused by a petition pursuant to ARM 24.29.206(1) (a) includes:

(a) at the discretion of the petitioner, an informal conference with the department by telephone or in person at the department office in Helena; and

(b) a review by the department of all relevant facts and applicable laws involved in the action by the department. Such a review is not subject to the Rules of Civil Procedure or the Rules of Evidence.

(c) Upon completion of the informal conference and review, the department shall issue a notice to the parties in a timely manner.

(3) An administrative review caused by a petition and waiver of formal proceedings pursuant to ARM 24.29.206(1) (b) must be conducted as an informal proceeding in accordance with the provisions of 2-4-604 , MCA.

(4) The department may rescind, alter or amend any action at any time during the administrative review, in which case a contested case hearing will not be held unless a party does not concur with the notice and requests the hearing be held.

History: 2-4-201, 39-71-203 and 39-72-202, MCA; IMP, 39-71-204 and 39-72-402, MCA; NEW, 1983 MAR p. 992, Eff. 7/29/83; AMD, 1996 MAR p. 1673, Eff. 7/1/96; AMD, 2000 MAR p. 2701, Eff. 10/6/00.

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