Montana Code Annotated 2001

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     20-3-211. Disqualification of county superintendent. A county superintendent may not hear or decide matters of controversy pursuant to 20-3-210 when:
     (1) he is a party to or has an interest in the controversy;
     (2) he is related to either party in the controversy by consanguinity or affinity within the sixth degree, computed according to the rules of law;
     (3) either party to the controversy makes and files with the county superintendent of schools an affidavit that he has reason to believe and does believe that he cannot have a fair and impartial hearing before the county superintendent by reason of the bias or prejudice of the county superintendent; or
     (4) the controversy involves the education or possible identification of a child with a disability.

     History: En. Sec. 1, Ch. 489, L. 1979; amd. Sec. 1, Ch. 236, L. 1987; amd. Sec. 10, Ch. 249, L. 1991; amd. Sec. 99(4), Ch. 51, L. 1999.

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