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(1) The board will consider, as it deems appropriate, such records or portions of those records which the department transmitted on appeal as required under 39-51-2404, MCA. The board will also consider interested parties' timely filed written arguments and any oral arguments of the parties which appear before the board at the time of the review proceeding.

(2) The board will review the appeals referee's decision for errors of law or fact and will determine whether the appeals referee's decision was based upon substantial evidence. 

(3)  The board will only consider new evidence to determine whether an interested party timely filed an appeal to the board. A party must submit new evidence by both filing it with the board and sending a copy to all interested parties no later than five business days before the scheduled review proceeding. The evidence must be the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(4) As soon as possible after the hearing, the board will decide whether to remand, reverse, modify, or affirm the decision of the appeals referee. Written notice of the board's action will be mailed to all interested parties.

(5) If a party fails to appear at the board proceeding and that party does not show good cause for continuance, the board must make its decision based on the record, written argument submitted, and argument of parties in attendance. 

(6) Inability of the board to achieve a favorable vote regarding an appeal will result in affirming the decision of the appeals referee.


History: 2-4-201, MCA; IMP, 2-4-201, 39-51-310, 39-51-1109, 39-51-2404, 39-51-2407, MCA; Eff. 12/31/72; AMD, 1985 MAR p. 1562, Eff. 10/18/85; AMD, 1995 MAR p. 1045, Eff. 6/16/95; 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; AMD, 2024 MAR p. 727, Eff. 4/13/24.

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