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24.26.523    FILING OF A NEW PETITION FOR HEARING AFTER FINAL ORDER ISSUED

(1) After a final order concerning a position has been issued by the board, a new hearing will be granted only upon a showing of some substantial change in that position or the job evaluation methodology which was not considered at the prior hearing and which would warrant a new hearing by the board or its designee.

(2) The employee shall include with his or her petition a signed affidavit stating the substantial change.

(3) The petition and the affidavit shall proceed through the appeals procedure as prescribed in ARM 24.26.508 up to step three (b) .

(4) The board or its designee shall then conduct a preliminary investigation to determine if the alleged substantial change warrants a new hearing.

(a) If it is determined that the alleged substantial change warrants a new hearing, the appeal procedure shall proceed as prescribed in ARM 24.26.508.

(b) If it is determined that the alleged substantial change does not warrant a new hearing, the petition shall be dismissed.

(5) The order to dismiss shall be an appealable order.

History: 2-18-1011, MCA; IMP, 2-18-1011, MCA; NEW, Eff. 12/4/76; AMD, 1993 MAR p. 3026, Eff. 1/1/94.

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