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Rule Title: NEW MATERIAL BEFORE THE BOARD
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Department: LABOR AND INDUSTRY
Chapter: UNEMPLOYMENT INSURANCE APPEALS BOARD
Subchapter: Policy
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.7.312    NEW MATERIAL BEFORE THE BOARD

(1) All new material sought to be introduced at the board proceeding must be filed and served on all other parties no later than five business days prior to the scheduled board proceeding or the material will not be considered by the board.

(2) The board will not consider any new material introduced for the board review if it is documentary evidence unless good cause is shown why the new documentary evidence was unavailable at the hearing before the hearing officer. New material introduced for the board review that is argument and not documentary evidence will be admitted.

(3) The rules of evidence and civil procedure are not binding in board administrative proceedings for unemployment insurance matters. If new documentary evidence is admitted by the board, it must be the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(4) If the board finds that additional evidence is required to reach a decision, it may remand the matter to the appeals referee to conduct a hearing to obtain additional evidence in the matter. The board shall promptly notify the interested parties of such action. The appeals referee must make a new decision based on the additional evidence and the existing record.

 

History: 2-4-201, MCA; IMP, 2-4-201, 39-51-2404, 39-51-2407, MCA; Eff. 12/31/72; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 52, Eff. 1/15/22.


 

 
MAR Notices Effective From Effective To History Notes
24-7-387 1/15/2022 Current History: 2-4-201, MCA; IMP, 2-4-201, 39-51-2404, 39-51-2407, MCA; Eff. 12/31/72; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 52, Eff. 1/15/22.
24-7-254 4/15/2011 1/15/2022 History: 2-4-201, MCA; IMP, 2-4-201, 39-51-2404, 39-51-2407, MCA; Eff. 12/31/72; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11.
9/7/2007 4/15/2011 History: 2-4-201, MCA; IMP, 2-4-201, 39-51-2404, 39-51-2407, MCA; Eff. 12/31/72; AMD, 2007 MAR p. 1325, Eff. 9/7/07.
12/31/1972 9/7/2007 History: Sec. 2-4-201 MCA; IMP, Sec. 2-4-201 MCA; Eff. 12/31/72.
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