8.22.2403    INSTITUTION OF PROCEEDINGS BY PETITION

(1) A hearing may be instituted by: 

(a) Petition for review by any person who has had a license summarily revoked, suspended or denied or renewal refused by the board or its representatives, except where such person has waived or failed to avail himself of an opportunity for a hearing prior to such board action.

(b) Application for a license where such applicant is entitled by statute to a hearing upon making application.

(c) Petition by any person adversely affected by a ruling of the stewards.

(2) Contents of the petition:

(a) Facts sufficient to show the petitioner is entitled to the relief requested.

(b) The specific action, answer, or relief requested.

(c) Propositions of law, if relevant, upon which action, answer or relief is requested.

(d) The name and address of petitioner and any other person or persons necessary to the proceeding known to the petitioner.

(3) An original and two copies of the petition, either in typewritten or printed form, shall be filed with the board. A petition shall be deemed filed when received by the board.

(4) Service of petition, notices, orders and other matters:

(a) After the petition has been filed, the board shall dispatch by registered or certified mail a true copy of the petition together with a copy of the applicable rules of practice to all necessary parties as named in the petition.   Such petition shall be deemed served on the date of mailing to the last known address of the person being served.

(b) All answers, motions, notices, orders and decisions except where otherwise provided shall be served upon all other parties personally or by regular mail to their last known address.   For the purpose of this rule, the word "parties" includes the board.

(5) Answers to petitions will not be required.   Where no answer is filed with the board, all allegations of the petition will be deemed denied.   If an answer is made, it shall be filed within 15 days from the date the petition is served upon any party in interest.

(6) Motion for more definite statement.

(a) The board on its own motion or upon the motion of any interested party, may order that the allegations in the petition be made definite and certain.   Such order, if by the board of its own motion, shall be entered within 15 days of the filing of the petition; if said order is based upon the motion of an interested party, the motion must have been filed with the board within 15 days from the date of service on the party in interest.   The petitioner shall have 15 days after notice of such order to comply.   Allegations complained of may be stricken upon failure to comply with such order.

(7) Amendment of petition.

(a) At any time more than 10 days prior to hearing, the petitioner may amend his petition, which amendment shall be filed and served in the manner provided for service of original petitions.   After that time, amendment may be allowed at the discretion of the board.

(8) Withdrawal of petition.

(a) The petitioner may withdraw his petition at any time prior to hearing without prejudice.

History: 23-4-202, MCA; IMP, 23-4-202, MCA; Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1984 MAR p. 320, Eff. 2/17/84; TRANS, from Dept. of Commerce, 2002 MAR p. 1500; TRANS, from 32.28.203, 2015 MAR p. 2252, Eff. 12/25/15.