Prev Next

10.6.104    JURISDICTION

(1) The county superintendent shall upon receipt of the notice of appeal, determine:

(a) whether the appeal is a contested case; and

(b) whether he/she has jurisdiction on the matter.

(2) The county superintendent shall, at all times, have jurisdiction to determine the jurisdiction over any particular contested case. In such situations, the rules of procedure shall apply, and questions of jurisdiction may be resolved by rulings and orders based upon the pleadings or after a hearing, as necessary to suit the circumstances of the case.

(3) The county superintendent may determine that he/she does not have jurisdiction or the power to act over a particular matter. In this event, the county superintendent shall enter an order dismissing the appeal for lack of jurisdiction. The county superintendent, after making the determination that the matter is a contested case pursuant to the provisions of this chapter and that he/she has jurisdiction, shall hear the appeal and take testimony in order to determine the facts related to the contested case.

(4) A determination by the county superintendent as to jurisdiction may be immediately appealed to the state superintendent.

History: 20-3-107, MCA; IMP, 20-3-107, MCA; NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 1990 MAR p. 933, Eff. 5/18/90; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security