Montana Code Annotated 1995

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     76-4-1208. Appeals procedure. (1) Any person directly affected by any ruling, determination, or decision of the board or any officer thereof may appeal to the board for hearing and review by serving written notice of appeal upon the chairman within 15 days after such rule, determination, or decision is mailed to or served upon the person. Notice of appeal shall state specifically the matters that the appellant desires reviewed but shall not act as a stay unless otherwise provided by this part.
     (2) Upon receipt of notice of appeal, the chairman shall serve upon the appellant notice of time and place of said hearing not less than 15 days prior to the date of hearing, to be held in the offices of the department in Helena, Montana, or elsewhere as the chairman shall order.
     (3) The board may postpone or continue a hearing from time to time as it considers necessary.
     (4) If the appellant or his representative fails to appear at the hearing after due notice and good cause for continuance is not shown, the board shall render its decision upon the evidence presented to it.

     History: En. Sec. 11, Ch. 97, L. 1969; amd. Sec. 341, Ch. 350, L. 1974; R.C.M. 1947, 67-2127(part).

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