24.16.4013    REQUEST FOR RELIEF IF NOTICE NOT RECEIVED

(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.

History: 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; NEW, 2022 MAR p. 152, Eff. 1/29/22.