(1) The department shall transmit to the board all records that are pertinent to the appeal. The board will consider such records or portions of those records as the board deems appropriate. As soon as possible after the hearing, the board will decide whether to reverse, modify, or affirm the decision of the hearing officer. Written notice of the board's action will be mailed to all interested parties.

(2) The board will review the hearing officer's decision for errors of law or fact. In making its determination, the board will consider the record transmitted on appeal, written or oral arguments, as well as any new evidence admitted pursuant to ARM 24.7.312.

(3) If the appealing party fails to appear at the board hearing and no good cause for continuance is shown, the board shall render its decision on the basis of the record. If the decision on appeal to the board is based on the best evidence available pursuant to ARM 24.11.320, the board may render its decision based on the best available evidence.