Montana Code Annotated 2023



Part 24. Claims for Benefits

Finality Of Board's Decision -- Judicial Review

39-51-2410. Finality of board's decision -- judicial review. (1) (a) A decision of the board, in the absence of an appeal filed within 30 days as provided by this section, becomes final 30 days after the decision was sent to the parties at their respective addresses of record.

(b) Judicial review is permitted only after any party claiming to be aggrieved has exhausted all remedies before the board.

(c) The department is considered to be a party to any judicial action involving a decision and may be represented in that action by an attorney employed by the department or, at the department's request, by the attorney general.

(2) Within 30 days after the decision of the board was sent to the parties at their respective addresses of record, any party aggrieved by the decision may secure judicial review by commencing an action in the district court of the county in which the party resides and in which action any other party to the proceeding before the board must be made a defendant. As part of the action, the aggrieved party seeking judicial review shall file a petition, which need not be verified but must state the grounds on which a review is sought. The petition must be served on the commissioner of labor and industry and all interested parties in the manner provided in the Montana Rules of Civil Procedure within 30 days of filing the petition.

(3) The department shall certify and file with the court all documents and papers and a record of all testimony taken in the matter, together with the board's findings of fact and decision. The board may also in its discretion certify to the court questions of law involved in any decision by the board.

(4) Whenever the department seeks review under this section of a decision of the board, all interested parties must be served with a copy of its petition together with all documents filed with the court.

(5) In any judicial proceeding under 39-51-2406 through 39-51-2410, the findings of the board as to the facts, if supported by evidence and in the absence of fraud, are conclusive and the jurisdiction of the court is confined to questions of law. The action and the questions certified as described in subsection (3) must be heard in a summary manner and must be given precedence over all other civil cases.

(6) The district court's decision may be appealed to the supreme court of Montana in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases. It is not necessary in any judicial proceeding under this section to enter exceptions to the rulings of the board and a bond may not be required for entering an appeal. Upon the final determination of the judicial proceeding, the department shall enter an order in accordance with the determination.

History: En. Sec. 6 (f) to (i), Ch. 137, L. 1937; Subd. (a) amd. Sec. 2, Ch. 233, L. 1943; amd. Sec. 4, Ch. 368, L. 1975; amd. Sec. 1, Ch. 24, L. 1977; amd. Sec. 1, Ch. 201, L. 1977; R.C.M. 1947, 87-108(c), (d); amd. Sec. 4, Ch. 349, L. 1981; amd. Sec. 14, Ch. 125, L. 1985; amd. Sec. 20, Ch. 234, L. 1987; amd. Sec. 12, Ch. 132, L. 2015; amd. Sec. 2, Ch. 10, L. 2017.