Montana Code Annotated 1995

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     76-4-1209. General rules governing appeals. (1) The board is not bound by any laws of evidence of this state.
     (2) No member of the board shall hear any matter in which he has a personal interest, nor shall he represent any person or witness at the hearing.
     (3) (a) Four members of the board shall constitute a quorum, one of whom must be the chairman.
     (b) Any party to the proceedings may challenge any board member in writing, served upon the chairman of the board 5 days in advance of any scheduled appeal hearing, stating the reasons therefor, and if the board shall find merit in the challenge, it shall disqualify the challenged member. If disqualification reduces the board membership to less than four, the remaining members shall appoint disinterested people to fill the vacancies to provide a four-man hearing board.
     (4) The decision of any three board members shall constitute the decision of the board on any issue presented for its decision.

     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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