37.62.931    PRESUMPTIONS

(1) The ALJ may apply the following presumptions when consistent with all surrounding facts and circumstances:

(a) the presumptions both conclusive and rebuttable which are set forth in Title 26, chapter 1, part 6, MCA and 40-5-234 , 40-6-105 and 40-6-201 , MCA and any other presumption created by law;

(b) that mail or other communications properly addressed and transmitted to the post office or other common carrier with all postage, tolls or charges properly prepaid, is or has been delivered to the addressee or consignee in the ordinary course of business; and

(c) that a person who receives or received public assistance is eligible or was eligible for such assistance.

History: Sec. 17-4-105, 40-5-202, 40-5-262, 40-5-272, 40-5-273, 40-5-405, 40-5-713, 40-5-825 and 40-5-906, MCA; IMP, Sec. 17-4-105, 40-5-157, 40-5-202, 40-5-208, 40-5-226, 40-5-233, 40-5-261, 40-5-271, 40-5-273, 40-5-414, 40-5-431, 40-5-703, 40-5-710, 40-5-821, 40-5-822, 40-5-823, 40-5-824 and 40-5-906, MCA; NEW, 2000 MAR p. 3547, Eff. 12/22/00.