8.22.2403 INSTITUTION OF PROCEEDINGS BY PETITION
(1) A hearing may be instituted by:
for review by any person who has had a license summarily revoked, suspended or
denied or renewal refused by the board or its representatives, except where
such person has waived or failed to avail himself of an opportunity for a
hearing prior to such board action.
for a license where such applicant is entitled by statute to a hearing upon
by any person adversely affected by a ruling of the stewards.
of the petition:
sufficient to show the petitioner is entitled to the relief requested.
specific action, answer, or relief requested.
of law, if relevant, upon which action, answer or relief is requested.
name and address of petitioner and any other person or persons necessary to the
proceeding known to the petitioner.
original and two copies of the petition, either in typewritten or printed form,
shall be filed with the board. A petition shall be deemed filed when received
by the board.
of petition, notices, orders and other matters:
the petition has been filed, the board shall dispatch by registered or
certified mail a true copy of the petition together with a copy of the
applicable rules of practice to all necessary parties as named in the
petition. Such petition shall be deemed
served on the date of mailing to the last known address of the person being
answers, motions, notices, orders and decisions except where otherwise provided
shall be served upon all other parties personally or by regular mail to their
last known address. For the purpose of
this rule, the word "parties" includes the board.
to petitions will not be required.
Where no answer is filed with the board, all allegations of the petition
will be deemed denied. If an answer is
made, it shall be filed within 15 days from the date the petition is served
upon any party in interest.
for more definite statement.
board on its own motion or upon the motion of any interested party, may order
that the allegations in the petition be made definite and certain. Such order, if by the board of its own
motion, shall be entered within 15 days of the filing of the petition; if said
order is based upon the motion of an interested party, the motion must have
been filed with the board within 15 days from the date of service on the party
in interest. The petitioner shall have
15 days after notice of such order to comply.
Allegations complained of may be stricken upon failure to comply with
(a) At any time more than 10 days
prior to hearing, the petitioner may amend his petition, which amendment shall
be filed and served in the manner provided for service of original
petitions. After that time, amendment
may be allowed at the discretion of the board.
petitioner may withdraw his petition at any time prior to hearing without
History: 23-4-202, MCA; IMP, 23-4-202, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 320, Eff. 2/17/84; TRANS, from Dept. of Commerce, 2002 MAR p. 1500; TRANS, from 32.28.203, 2015 MAR p. 2252, Eff. 12/25/15.