Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.16 - WAGES AND HOURS
Subchapter 24.16.40 - Complaints - Claims - Decisions - Appeals
Rule 24.16.4013 - REQUEST FOR RELIEF IF NOTICE NOT RECEIVED

Universal Citation: MT Admin Rules 24.16.4013

Current through Register Vol. 18, September 20, 2024

(1) A party alleging untimely or non-receipt of notice of a claim, determination, or hearing has the burden of proving the party should be granted relief. The party seeking relief must present a preponderance of evidence to rebut the statutory presumption in 26-1-602, MCA, that a letter duly directed and mailed was received in the regular course of the mail.

(2) Once a judgment is issued by a district court concerning a decision, any request for relief must be directed to the district court by a party (not the department on behalf of a party) per the Rules of Civil Procedure and be in the form required by the district court.

AUTH: 2-4-201, 18-2-409, 18-2-431, 39-3-202, 39-3-216, 39-3-403, MCA IMP: 2-4-201, 18-2-407, 18-2-409, 39-3-207, 39-3-209, 39-3-210, 39-3-216, 39-3-407, MCA

Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.