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

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

(b) "Requester" means the party requesting a petition for rehearing or reconsideration.

(2) All petitions shall be made within ten days of receipt of the Board's decision by the requester. The requester 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 a final Board decision.

(4) Petitions are addressed to the sole discretion of the Board.

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

(a) 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.

(c) To present relevant evidence or argument that proper procedures was not followed in appealing the matter to the Board.

 

 

 

(6) Contents of petition. 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.

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

 

 

 

 

Organizational Rules