24.26.1206    BOARD REVIEW OF DISMISSAL OF ULP COMPLAINT

(1) If a party disputes the board agent's notice of intent to dismiss the ULP complaint, the party shall file a written request for review by the board within ten days of receipt of the notice of intention to dismiss. The request for review must contain the specific factual and/or legal reasons that the board agent's finding of no probable merit was in error.

(2) If a board agent has received a request for review, the board agent shall issue a notice of time and place and briefing schedule as follows:

(a) A party who wishes to file a response brief to the request for review must file and serve the response brief within 14 days of service of the notice of time and place and briefing schedule.

(b) A party who wishes to file a reply brief to an opposing party's response brief must file and serve the reply brief within 14 days of service of the response brief.

(3) Briefing must comply with the formatting standards in ARM 24.26.242. A brief may not exceed 20 pages in length.

(4) Each party will be granted 20 minutes for oral argument before the board for each objection. The appellant party may reserve a portion of that time for rebuttal. Oral argument may be waived by the parties, except where it is requested by the board.

(5) On review, the board will consider the record as prepared by the board's agent in reaching the decision of no probable merit, any report detailing the investigation and analysis of the board's agent, and any argument set forth by interested parties.

(6) The board will review the board agent's notice of intent to dismiss.

(a) If the board determines that the charge is not supported by probable merit, the board shall issue a written order affirming the board agent's notice of intent to dismiss. The board order affirming the dismissal is the final agency decision of the board.

(b) If the board determines that the ULP complaint is supported by probable merit, the board shall issue a written order remanding the matter to a hearing officer pursuant to ARM 24.26.1208.

History: 39-31-104, 39-32-103, MCA; IMP, 39-31-405, 39-32-112, MCA; NEW, 2020 MAR p. 2422, Eff. 12/25/20.