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24.26.711    BOARD'S RECONSIDERATION OF ITS DECISIONS

(1) The following definitions apply to this rule:

(a) "Petition" means a petition for reconsideration.

(b) "Petitioner" means the party requesting reconsideration.

(2) All petitions shall be filed within ten days of mailing of the boards's decision to the petitioner. The petitioner shall serve upon all parties a copy of the petition.

(3) The filing of a petition is not a prerequisite for seeking judicial review of the board's final order.

(4) A petition may be granted only upon the following grounds:

(a) Clerical error.

(b) To present relevant evidence of argument that proper procedureswere not followed during the appeal to the board.

(5) The petition must state the ground or grounds upon which reconsideration is sought and a detailed statement why the grounds will likely mandate a change in the board's decision.

(6) The board shall rule on the petition at its next meeting and notify the parties of its decision.

(7) A decision of the board denying a petition is a final order pursuant to sections 2-4-623 and 2-4-702 , MCA.

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

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