6.6.8202    ADMINISTRATIVE APPEAL OF CLASSIFICATION DECISION

(1) An employer may appeal a classification decision by filing a notice of administrative appeal. The notice of administrative appeal must contain a short statement of the reasons for the appeal and a statement of the general nature of the relief sought. An employer must request an in-person hearing simultaneously with the filing of the notice of administrative appeal. If a request for an in-person hearing is not made when the notice of administrative appeal is filed, the committee may hold a hearing pursuant to ARM 6.6.8206 in lieu of an in-person hearing. 

(2) The notice of administrative appeal must be filed with the classification review committee.

(3) The initial hearing conducted by the committee must be informal and non-binding upon the parties and must be conducted pursuant to the rules of procedure set forth in ARM 6.6.8203.

(4) A party who is aggrieved by the informal and non-binding decision of the committee, or by the refusal of a party to be bound by the advisory decision as provided in ARM 6.6.8202A may initiate an informal contested case proceeding pursuant to 2-4-604, MCA, before the committee pursuant to the rules of procedure set forth in ARM 6.6.8203 - 6.6.8206.

 

History: 33-16-1012, MCA; IMP, 2-4-201, 33-16-1011, 33-16-1012, MCA; TEMP, NEW, 1993 MAR p. 2225, Eff. 10/1/93; AMD, 1995 MAR p. 2138, Eff. 10/13/95; AMD, 2023 MAR p. 1085, Eff. 9/23/23.