(1) The board shall serve one copy of the complaint upon each party charged with the unfair labor practice.

(2) A party so charged shall file a response with the board to the complaint within 10 days. A response is a letter setting forth in detail facts relevant to the complaint which the respondent wishes to bring to the board's attention including a specific reply to each factual allegation made in the complaint.

(3) As provided for in 39-31-405 (1) , MCA, after receipt of the response, the board shall appoint an investigator to investigate the alleged unfair labor practice.

(4) As provided for in 39-31-405 (2) , MCA, if after the investigation, the agent designated by the board determines that the charge is without probable merit the board shall issue and cause to be served upon the complaining party and the person being charged notice of its intention to dismiss the complaint. The dismissal becomes a final order of the board unless either party requests a review of the decision to dismiss the complaint. The request for a review must be made in writing within 10 days of receipt of the notice of intention to dismiss decision. This rule requires that the request for review must clearly set forth the specific factual and/or legal reasons indicating how the investigator's finding of no probable merit is in error.

(5) As provided for in 39-31-405 , MCA, if after the investigation or after the appeal provided for in subsection (2) of 39-31-405 , MCA, the investigator or the board determines that there is probable merit for the charge, the board shall issue and cause to be served upon the complaining party and any party charged a notice of finding of probable merit.

(6) As provided for in 39-31-405 (4) , MCA, if a finding of probable merit is made, the person or entity against whom the charge is filed shall file an answer to the complaint. The answer must be made in writing within 10 days of receipt of the notice of finding of probable merit.

(7) A finding of probable merit is appealable only after the decision of the hearing examiner has been issued.