(1) An "administrative decision" means a decision issued by the MPERA that determines an individual's or an entity's legal rights, duties, or privileges pursuant to the provisions of Title 19, MCA.

(2) Administrative decisions that are appealed to the board will be initially decided by the board on the basis of material properly submitted by MPERA and the appealing party, and such other information as the board deems appropriate. The board may, on its own motion, postpone its initial decision until the next regularly scheduled board meeting.

(3)  The board will notify the appealing party of its initial decision in writing. If the decision is adverse to the appealing party, the board will include a general statement of the reasons for its decision, which need not be exhaustive. The appealing party will be given two options, either of which must be exercised within 30 days of the date of written notification:

(a) any appealing party may submit a request in writing for reconsideration by the board; or

(b) an appealing party, other than a governmental entity, may submit a request in writing for a contested case proceeding.

(4) A reconsideration by the board will be based on facts and matters submitted by the appealing party and MPERA to the board, the testimony of the appealing party before the board, and the presentation of the appealing party and MPERA, or their legal counsel, to the board.

(a) Unless otherwise ordered by the board pursuant to (4) (b) , facts and matters may be submitted any time after the board's initial decision is issued until 21 days prior to the third regularly scheduled board meeting following issuance of the initial decision.

(b) The board may, prior to issuing its decision on reconsideration and on its own motion, require the appealing party, MPERA, or both to submit additional facts and matters relevant to the issue before the board.  The board may also, on its own motion, postpone its decision on reconsideration.  However, in no case may the board prolong issuance of its decision on reconsideration for more than six months following issuance of its initial decision.

(c) The board will notify the party in writing of its decision on reconsideration.  That decision will become final and will not be subject to a contested case proceeding or judicial review unless a party other than a governmental entity files a written request for a contested case proceeding within 30 days of the written notice of decision on reconsideration.

(5) The board's initial decision or decision on reconsideration, if appropriately requested, is final with respect to a party which is a governmental entity, and may not be appealed by that entity.

(6) The board's initial decision and its decision on reconsideration will be mailed to the appealing party.  The time period for requesting further review of either decision will commence on the day the notice is mailed by MPERA staff, as indicated at the bottom of the decision.  Rule 6(e) , M.R.Civ.P., does not apply and no additional time will be added because the decision is mailed.

(7) If a party fails to exercise an available option within the time allowed by the board, the board's decision becomes final and is not subject to contested case proceedings or judicial review.  Thereafter, a party may only appear before the board on the same matter based on new and different facts that are not cumulative or repetitive, and for good cause shown.

(8) Unless otherwise provided, time periods provided herein may be enlarged only in writing by the board or its authorized representative and only on requests made prior to the expiration of the time period.