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This is an obsolete version of the rule. Please click on the rule number to view the current version.

24.26.707    REVIEW PROCEDURE

(1) The review is to be conducted informally. However, any party may be represented by an attorney.

(2) The board may hear argument concerning the findings of fact and the conclusions of law reached by the hearings officer.

(3) Findings of fact must be supported by substantial competent evidence of record. Failure of the hearing officer to make a finding on a critical fact may be corrected by the board's remanding to the hearings officer.

(4) The board shall not consider any new evidence tendered at the review unless good cause is shown for the failure to produce the evidence before the hearings officer. If good cause is shown and new evidence is to be introduced, the board may remand the matter to the hearings officer for a ruling.

(5) The board may include in the record before it and consider as evidence all records of the department that are material to the issues. If the department records, or portions thereof, are not part of the record below, good cause must be shown why it was not offered into evidence before the hearings officer.

(6) If deemed necessary, the board may request briefs.

History: 2-4-201, MCA; IMP, 39-3-217, MCA; NEW, 1989 MAR p. 2250, Eff. 12/22/89; AMD, 2001 MAR p. 446, Eff. 3/23/01.

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