(1) The Unemployment Insurance Appeals Board of the Department of Labor and Industry adopts and incorporates the organizational structure of the Unemployment Insurance Appeals Board as it has been set out and explained in chapter 1 of this title.

(2) The board adopts the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title to the extent they do not conflict with statute or rule.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The board incorporates by reference and adopts all definitions set forth in ARM Title 24, chapter 11 and Title 39, chapter 51, MCA, unless context clearly indicates otherwise.

(1) If an interested party is required, or permitted, to file documents, the interested party must file the documents with the board using one of the following methods and addressing the documents to the board: 

(a) mail filings to P.O. Box 8020, Helena, MT 59624-8020;

(b) hand deliver filings to 1315 Lockey Avenue, Helena, MT 59601;

(c) e-mail filings to [email protected]; or

(d) any other method permitted by the department.

(2) A document is filed on the date the board receives it. It is the filing party's responsibility to ensure that the board receives all documents timely.

(3) An interested party may submit written argument for the board's consideration. The interested party must file the written argument with the board no later than five business days from the date of the scheduled review proceeding.

(1) After receiving a notice of appeal, the board will issue written notice of the date, time, and place of the board review.  The notice will be sent to all interested parties at least ten days prior to the board's review by regular review. Interested parties are responsible for giving the board the party's current contact information.

(2) The board will conduct its review proceeding informally and may choose to hold a review in person or remotely at its discretion. The board will consider and decide all issues relevant to an appeal when consideration does not conflict with other rules in ARM Title 24, chapter 7.

(3) Either party to the appeal before the board may appear at any board proceeding on the party's own behalf or may be represented by an attorney or through an authorized lay representative. Lay representatives may not be paid for representation unless:

(a) the lay representative is employed by the claimant's labor union;

(b) the lay representative is an employee of the employer;

(c) the lay representative is a third-party administrator for an employer or group of employers receiving regular wages for the representation; or

(d) it is in the interest of justice at the board's sole discretion.

(4) At the scheduled date and time of the board proceeding, the board will make two attempts to reach each interested party at the telephone number(s) provided. If the board is unable to reach a party and/or the party fails to appear or make a request to continue, the board will proceed with the review and make its determination under ARM 24.7.306.

(5) If an interested party notifies the board that the party will be unable to attend the scheduled review, and asks to continue the review, the board or board chair may continue the hearing if continuance is either fair to the parties or it allows a party to provide necessary evidence or argument to the board.

(6) If the board chair reschedules a review, such review must occur no later than 60 days from the date of the originally scheduled review. Notice of this review must follow the requirements of (1).  

(7) If the board finds that it needs more evidence to make its decision, it may remand the case to the appeals referee. The board must promptly notify the interested parties of such action.

(8)  The rules of evidence and civil procedure are not binding in board administrative proceedings for unemployment insurance matters.

(1) The board will consider, as it deems appropriate, such records or portions of those records which the department transmitted on appeal as required under 39-51-2404, MCA. The board will also consider interested parties' timely filed written arguments and any oral arguments of the parties which appear before the board at the time of the review proceeding.

(2) The board will review the appeals referee's decision for errors of law or fact and will determine whether the appeals referee's decision was based upon substantial evidence. 

(3)  The board will only consider new evidence to determine whether an interested party timely filed an appeal to the board. A party must submit new evidence by both filing it with the board and sending a copy to all interested parties no later than five business days before the scheduled review proceeding. The evidence must be the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.

(4) As soon as possible after the hearing, the board will decide whether to remand, reverse, modify, or affirm the decision of the appeals referee. Written notice of the board's action will be mailed to all interested parties.

(5) If a party fails to appear at the board proceeding and that party does not show good cause for continuance, the board must make its decision based on the record, written argument submitted, and argument of parties in attendance. 

(6) Inability of the board to achieve a favorable vote regarding an appeal will result in affirming the decision of the appeals referee.

This rule has been repealed.

(1) Either a board member or an interested party may seek to disqualify a board member from reviewing an appeal proceeding.  

(2) A board member must be disqualified from the review of an appeal proceeding if:

(a) that member's private interest would conflict with their public duty;

(b) it is an appeal of that member's unemployment insurance matter; or

(c) that member represents any interested party or witness at that board proceeding.

(3) Any interested party seeking to disqualify a board member from reviewing an appeal proceeding must, within five business days, file a written motion made in good faith, along with a supporting affidavit. The motion must include the reason the filing party believes the member should be disqualified and any evidence to support the included reasons.  

(a) The interested party seeking disqualification must send the motion and affidavit to all other interested parties' address(es) of record at least five business days before any related scheduled board proceeding.  

(b) If the interested party seeking disqualification fails to follow the requirements of this rule, the board will dismiss the motion.  

(c) If the interested party not seeking disqualification does not file a response to the motion and send it to both the board and the other party at least two calendar days before the scheduled proceeding, the party not seeking disqualification waives the opportunity to provide a response.  

(d) When the board receives the filed motion, supporting affidavit, and any written response, it will consider the motion to challenge a board member at the scheduled board proceeding and either enter an order of recusal or decline the member's disqualification. 

(e) Filings under this rule must comply with ARM 24.7.304.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.