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

24.7.301    POLICY

(1) It is the intent of this board insofar as is practical to keep appeal procedures as simple, speedy, and inexpensive as possible. The board review of an appeal of a hearing officer's decision must be fair and conducted in accordance with procedural safeguards. The essential requisites of fairness include but are not limited to the following elements:

(a) Timely notice must be provided to interested parties for every material step in the appeal proceedings.

(b) An opportunity for interested parties to present argument and to hear the claims of an opponent.

(c) Interested parties will receive a copy of the board's decision and notification of appeal rights.

(2) A decision of the board must be based solely on substantial evidence as revealed by the files, records, and any new evidence taken at the board review proceeding to support it.

History: 2-4-201, MCA; IMP, 2-4-201, 39-51-1109, 39-51-2404, 39-51-2407, MCA; Eff. 12/31/72; AMD, 1985 MAR p. 1562, Eff. 10/18/85; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11.

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