24.7.305    BOARD REVIEW PROCEDURE

(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.

History: 2-4-201, MCA; IMP, 2-4-201, 39-51-1109, 39-51-2404, 39-51-2407, MCA; Eff. 12/31/72; AMD, 10/4/76; AMD, 1985 MAR p. 1562, Eff. 10/18/85; AMD, 2007 MAR p. 1325, Eff. 9/7/07; AMD, 2011 MAR p. 573, Eff. 4/15/11; AMD, 2022 MAR p. 52, Eff. 1/15/22; AMD, 2024 MAR p. 727, Eff. 4/13/24.