HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
Rule: 44.3.1707 Prev     Up     Next    
Rule Title: APPEAL FROM DISAPPROVAL
Add to My Favorites
Add to Favorites
Department: SECRETARY OF STATE
Chapter: ELECTIONS
Subchapter: Voting Machines and Devices and Postelection Audit of Voting Machines
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

Printer Friendly Version

44.3.1707    APPEAL FROM DISAPPROVAL

(1) If upon examination any system shall have been disapproved by the Secretary of State under these rules, the applicant may appeal by requesting reconsideration of the system so disapproved, under the following conditions:

(a) Such request for reconsideration shall be made within 60 days after applicant has been notified of the disapproval of the system presented for examination.

(b) Such request shall be in writing.

(c) Such request shall be limited to the grounds of disapproval as stated in the notification of the Secretary of State. The discovery or further explanation of advantages of the system not pertinent to the grounds upon which the system was disapproved shall not constitute an adequate cause for reconsideration.

(2) If the Secretary of State approves such request for reconsideration, he shall notify the applicant therefore in writing, and shall state the time and place fixed for reexamination of the system, if, in his opinion, reexamination is required. If reexamination is not required, he shall so state, and the matter of reconsideration may be consummated by mail, or by a hearing to be held at such time and place as the Secretary of State may fix. If a hearing is held, the Secretary of State shall make a full report of the same, shall file the same in his office and transmit a copy thereof to the applicant at the address stated in his application for reconsideration.

(3) If such reexamination, correspondence or hearing results in the approval of a system, the Secretary of State shall proceed to give notice of such approval in the manner provided in ARM 44.3.1706.

History: 13-17-107, MCA; IMP, 13-17-101, 13-17-103, MCA; NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 2010 MAR p. 1545, Eff. 6/25/10.


 

 
MAR Notices Effective From Effective To History Notes
44-2-151 6/25/2010 Current History: 13-17-107, MCA; IMP, 13-17-101, 13-17-103, MCA; NEW, 1979 MAR p. 1693, Eff. 12/28/79; AMD, 2010 MAR p. 1545, Eff. 6/25/10.
12/28/1979 6/25/2010 History: 13-17-107(1), MCA; IMP, 13-17-107, MCA; NEW, 1979 MAR p. 1693, Eff. 12/28/79.
Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security