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(1) As used in this rule, the following definitions apply:

(a) "Petition" means a petition for rehearing or reconsideration of a board decision.

(b) "Requester" means the interested party requesting a petition for reconsideration of a board decision.

(2) All petitions shall be made within ten days of the issuance of the board's decision by the requester. The requester shall serve upon all interested parties a copy of the petition.

(3) The filing of a petition is not a prerequisite for seeking judicial review of a final board decision.

(4) Petitions are addressed at the sole discretion of the board.

(5) A petition will be granted only upon the following grounds:

(a) to correct clerical error;

(b) to present relevant evidence that was not known or discoverable with reasonable diligence by the requester at the time of the hearing board review proceeding;

(c) to present relevant evidence or argument that proper procedures were not followed in appealing the matter to the board; or

(d) to present argument because good cause exists for failing to appear at the previously scheduled board review proceeding.

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

(7) The board shall rule upon the petition at its next regular meeting and notify the parties of its decision. In the event there is a finding of good cause to grant the petition, the board review shall be rescheduled with due notice to all interested parties.

(8) A decision of the board denying a petition is a final decision pursuant to 39-51-2410, MCA.

History: 2-4-201, MCA; IMP, 2-4-201, 39-51-1109, 39-51-2404, 39-51-2407, MCA; NEW, 1983 MAR p. 1464, Eff. 10/14/83; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11.

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