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Rule Title: COMMITTEE REVIEW PROCEDURE
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Department: CORRECTIONS
Chapter: BOARD OF CRIME CONTROL
Subchapter: POST Appeals
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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20.24.1007    COMMITTEE REVIEW PROCEDURE

(1) The committee review is informal; however, any party may be represented by an attorney.

(2) The committee may hear argument concerning the findings of fact and conclusions of law of the hearing examiner or the council, if appropriate, or any alleged procedural defect in the proceedings below.

(3) Findings of fact must be supported by evidence in the record. Failure of the hearing examiner to make a finding on a critical fact may be corrected by the board's remand to the hearing examiner.

(4) Errors of law or procedural defects do not warrant reversal unless substantial rights are affected.

(5) The committee shall not consider any new evidence at the hearing unless good cause is shown for failing to produce it before the hearing examiner. If good cause is shown and the new evidence is to be allowed, the committee shall remand to the hearing examiner for consideration and a ruling.

(6) In its discretion, the committee may request briefs from the parties.

(7) The committee must keep a record of its proceedings substantially in compliance with the provisions of 2-4-614, MCA.

 

History: 44-4-301(2), 44-4-403(3), MCA; IMP, 44-4-301(2), 44-4-403(3), MCA; NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1007, 2018 MAR p. 1113, Eff. 6/9/18.


 

 
MAR Notices Effective From Effective To History Notes
20-24-67 6/9/2018 Current History: 44-4-301(2), 44-4-403(3), MCA; IMP, 44-4-301(2), 44-4-403(3), MCA; NEW, 2008 MAR p. 1588, Eff. 8/1/08; TRANS, from ARM 23.14.1007, 2018 MAR p. 1113, Eff. 6/9/18.
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