37.62.957    CLERICAL ERRORS AND EFFECT OF CORRECTION

(1) Clerical mistakes, typographical errors, and errors in mathematical calculations in any decision or order in a contested case arising from oversight or omission may be corrected by the ALJ at any time upon the ALJ's own initiative or upon the motion of any party and after notice to all other parties and the opportunity for such other parties to object.

(2) The ALJ will decide a motion to correct clerical errors based on the contents of the administrative hearing record and without a hearing. No new evidence will be accepted or considered with regard to the motion.

(3) Unless the ALJ orders otherwise, a corrected decision and order relates to and is effective from the date of the original decision or order.

(4) A motion to correct clerical errors does not:

(a) stay the effect of a final decision and order pending determination of the motion; or

(b) extend the time for filing a petition for judicial review of a final decision and order.

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.