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Rule Title: COMMENCEMENT OF ACTION/REQUIREMENTS OF THE NOTICE OF APPEAL
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Department: EDUCATION, DEPARTMENT OF
Chapter: RULES OF PROCEDURE FOR ALL SCHOOL CONTROVERSY CONTESTED CASES BEFORE THE COUNTY SUPERINTENDENTS OF THE STATE OF MONTANA
Subchapter: Rules of Procedure for All School Controversy Contested Cases Before the County Superintendents of the State of Montana
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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10.6.105    COMMENCEMENT OF ACTION/REQUIREMENTS OF THE NOTICE OF APPEAL

(1) The appealing party shall be known as petitioner, and the responding party shall be known as respondent.

(2) When a party appeals to the county superintendent, the notice of appeal must include:

(a) a caption setting forth the name and the county of the superintendent;

(b) the names and addresses of all appropriate parties;

(c) a clear and concise statement of the matters asserted;

(d) a statement setting forth the basis for the contested case that the county superintendent has proper jurisdiction;

(e) references to the particular sections of the statutes and rules involved.

(3) The notice of appeal shall be signed by the petitioner and/or the petitioner's representative.

(4) Failure of any party to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal but is grounds for such action as the county superintendent deems appropriate, which may include dismissal of the appeal.

History: 20-3-107, MCA; IMP, 20-3-107, MCA; NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.


 

 
MAR Notices Effective From Effective To History Notes
12/23/2005 Current History: 20-3-107, MCA; IMP, 20-3-107, MCA; NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93; AMD, 2005 MAR p. 2658, Eff. 12/23/05.
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