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10.6.121    APPELLATE PROCEDURE - SCOPE OF RULES

(1) The superintendent of public instruction shall decide matters of controversy when they are appealed from a decision of a county superintendent.

(2) All references made to the county superintendent shall also include the county transportation committee where appropriate.

(3) A party who is aggrieved by a final decision in a contested case before the county superintendent is entitled to appellate review by administrative appeal to the state superintendent. The superintendent of public instruction shall make his/her decision on the basis of the record established at the county superintendent hearing and upon review of the findings of fact, conclusions of law and order of the county superintendent.

History: 20-3-107, MCA; IMP, 20-3-107, MCA; NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1983 MAR p. 850, Eff. 7/15/83; AMD, 1988 MAR p. 1251, Eff. 6/24/88; AMD, 1990 MAR p. 933, Eff. 5/18/90; AMD, 1993 MAR p. 344, Eff. 3/12/93.

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