(1) A party alleging that it did not receive timely notice by mail of the complaint, determination or hearing process provided by these rules has the burden of proving that the party should be granted relief. The party seeking relief must present clear and convincing evidence to rebut the statutory presumption that a letter duly directed and mailed was received in the regular course of the mail, as provided in 26-1-602 , MCA.

(2) All questions regarding alleged non-receipt of mail, or whether a request for a redetermination, a formal hearing, or an appeal was timely made must be resolved upon judicial review.

(3) 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) pursuant to the Rules of Civil Procedure and be in the form required by the district court.