Rule 24.26.523 - FILING OF A NEW PETITION FOR HEARING AFTER FINAL ORDER ISSUED(1) After a final order concerning a position has been issued by the board, a new hearing will be granted only upon a showing of some substantial change in that position or the job evaluation methodology which was not considered at the prior hearing and which would warrant a new hearing by the board or its designee.(2) The employee shall include with his or her petition a signed affidavit stating the substantial change.(3) The petition and the affidavit shall proceed through the appeals procedure as prescribed in ARM 24.26.508 up to step three (b).(4) The board or its designee shall then conduct a preliminary investigation to determine if the alleged substantial change warrants a new hearing. (a) If it is determined that the alleged substantial change warrants a new hearing, the appeal procedure shall proceed as prescribed in ARM 24.26.508.(b) If it is determined that the alleged substantial change does not warrant a new hearing, the petition shall be dismissed.(5) The order to dismiss shall be an appealable order.Mont. Admin. r. 24.26.523
NEW, Eff. 12/4/76; AMD, 1993 MAR p. 3026, Eff. 1/1/94.2-18-1011, MCA; IMP, 2-18-1011, MCA;