Administrative Rules of Montana
Department 10 - EDUCATION
Chapter 10.6 - RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA
Subchapter 10.6.1 - Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana
Rule 10.6.125 - APPELLATE PROCEDURE - STANDARD OF REVIEW

(1) The state superintendent of public instruction shall be subject to the standard of review as set forth below and shall be confined to the record established at the fact finding hearing.

(2) In cases of alleged irregularities in procedure before the county superintendent not shown on the record, proof thereof may be taken by the state superintendent.

(3) The state superintendent, at his/her discretion or upon request, may hear oral arguments and receive written briefs.

(4) The state superintendent may not substitute his/her judgment for that of the county superintendent as to the weight of the evidence on questions of fact. The state superintendent may affirm the decision of the county superintendent or remand the case for further proceedings or refuse to accept the appeal on the grounds that the state superintendent fails to retain proper jurisdiction on the matter. The state superintendent may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings of fact, conclusions of law and order are: