reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.3 - Unit Determinations › Rule 24.25.307 - PETITION TO INTERVENE

Current through Register Vol. 13, July 5, 2024
(1) Within 20 days
				from the first day of posting of the notice of unit determination proceedings,
				any labor organization or group of employees may file a petition to intervene.
				The petition to intervene will be processed in accordance with ARM
				24.26.618.
(2) The board shall serve a copy of the
				petition to intervene upon all other parties.
39-32-103, MCA;
					 IMP,
					 39-32-106,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.3 - Unit Determinations › Rule 24.25.308 - PROCEDURE FOLLOWING FILING OF PETITION FOR NEW UNIT DETERMINATION AND ELECTION

Current through Register Vol. 13, July 5, 2024
(1) The board shall
				direct an investigation of all questions and facts concerning the proposed unit
				in accordance with ARM
				24.26.620.
39-32-103, MCA;
					 IMP,
					 39-32-106,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.4 - Unit Clarifications › Rule 24.25.401 - PETITION FOR UNIT CLARIFICATION OF BARGAINING UNIT

Current through Register Vol. 13, July 5, 2024
(1) A Petition for Clarification of
				Bargaining Unit may be filed with the board in accordance with ARM
				24.26.630.
(2) A copy of any such petition shall be
				served by the board upon the bargaining representative if filed by the employer
				and upon the employer if filed by a bargaining representative.
(3) A party shall have 20 days after the
				board mails the petition to file a response with the board.
39-32-103, MCA;
					 IMP,
					 39-32-106,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.5 - Petitions for Decertification › Rule 24.25.501 - PETITION FOR DECERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) A
				petition for decertification of an exclusive representative shall be filed by
				an employee, a group of employees, or labor organizations, provided that 12
				months have elapsed since the last election. The petition must be filed in
				accordance with ARM
				24.26.643.
(2) The board shall serve a copy of the
				petition upon the labor organization(s) concerned, and upon the
				employer.
39-32-103, MCA;
					 IMP,
					 39-32-113,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.5 - Petitions for Decertification › Rule 24.25.502 - ANSWER

Current through Register Vol. 13, July 5, 2024
(1) Each party may file an answer to the
				petition for decertification within ten days after the date the board mailed a
				copy of the petition for decertification.
(2) The composition of the unit is not a
				proper matter to be considered in a decertification proceeding. Eligible voters
				for any decertification election shall be those who are members of the
				bargaining unit at the time of the filing of the petition.
39-32-103,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.5 - Petitions for Decertification › Rule 24.25.503 - NOTICE OF DECERTIFICATION PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1) The board shall require the employer to
				post in a conspicuous manner, a notice of decertification proceedings. Such
				notice shall be provided by the board and shall remain posted for a period of
				20 days.
(2) The employer shall
				confirm in writing to the board that it has received, posted, and shall
				continue posting of the notice for the required 20 days.
39-32-103, MCA;
					 IMP,
					 39-32-113,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.5 - Petitions for Decertification › Rule 24.25.504 - PETITION TO INTERVENE

Current through Register Vol. 13, July 5, 2024
(1) Any labor
				organization or group of employees may file a petition to intervene within 20
				days of the first day of posting of the notice of decertification proceedings
				in accordance with ARM
				24.26.646.
(2) The board shall serve a copy of the
				petition to intervene upon all other parties.
39-32-103, MCA;
					 IMP,
					 39-32-113,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.5 - Petitions for Decertification › Rule 24.25.505 - PROCEDURE FOLLOWING FILING OF PETITION FOR DECERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The board shall direct an investigation
				of all questions and facts concerning the proposed decertification in
				accordance with ARM
				24.26.647.
39-32-103, MCA;
					 IMP,
					 39-32-113,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.601 - ELECTION DIRECTED

Current through Register Vol. 13, July 5, 2024
(1) When a petition
				for an election has been filed, the board shall direct an election to be held
				in accordance with
				39-31-207
				through
				39-31-210,
				MCA, and ARM
				24.26.655 through
				24.26.666.
39-32-103, MCA;
					 IMP,
					 39-31-207,
					 39-31-208,
					 39-31-209,
					 39-31-210,
					 39-32-113,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.602 - CONDITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.603 - SECRET BALLOT (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.604 - ELIGIBLE VOTERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.605 - NOTICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.606 - BALLOTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.607 - POLL WATCHERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.608 - POLLING AREA ELECTIONEERING (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.609 - CHALLENGES (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.610 - MAJORITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.611 - OBJECTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.6 - Elections › Rule 24.25.612 - CERTIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-32-103, MCA;
					 IMP,
					 39-32-108,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.7 - Improper Employment Practices › Rule 24.25.701 - COMPLAINT

Current through Register Vol. 13, July 5, 2024
(1) A complaint alleging that a person or
				organization has engaged in or is engaging in an unfair labor practice may be
				filed by an employee, or a group of employees, or a labor organization within
				six months of the asserted unfair labor practice.
(2) A complaint shall be in writing. The
				original shall be signed and verified by the complainant or an authorized
				representative. The original and three copies of the complaint shall be filed
				with the board. The board shall serve one copy of the complaint on each party
				named in the complaint.
(3) A
				complaint shall contain the following:
(a)
				the name, address and telephone number of the complainant;
(b) the name, address and telephone number of
				the party against whom the charge is made; and
(c) a clear and concise statement of facts
				constituting the alleged violation, including the time and place of occurrence
				of the particular acts and a statement of the portion or portions of the law or
				rules alleged to have been violated.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.7 - Improper Employment Practices › Rule 24.25.702 - ANSWER

Current through Register Vol. 13, July 5, 2024
(1) The party named in the complaint shall
				file a formal, written verified answer within ten days after the board has
				mailed a copy of the notice finding probable merit.
(2) One copy of the answer shall be served on
				the complainant, and the original, with proof of due service and three copies,
				shall be filed with the board.
(3)
				The answer shall include a specific admission, denial, or explanation of each
				allegation in the complaint.
(4) If
				the party charged fails to file a timely answer, the board may consider it an
				admission of material facts and waiver of a hearing.
39-32-103, MCA;
					 IMP,
					 39-32-109,
					 39-32-112,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.7 - Improper Employment Practices › Rule 24.25.703 - NOTICE OF HEARING

Current through Register Vol. 13, July 5, 2024
(1) After the time
				for filing an answer has passed, the board shall serve a notice of hearing upon
				the parties. The hearing date shall not be less than five nor more than 20 days
				from the date of service. The notice shall include all those items listed in
				2-4-601, MCA, and shall
				state who will hear the complaint.
39-32-103, MCA;
					 IMP,
					 39-32-109,
					 39-32-112,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.7 - Improper Employment Practices › Rule 24.25.704 - PROPOSED FINDINGS

Current through Register Vol. 13, July 5, 2024
(1) The board may
				request proposed findings of fact and conclusions of law from the
				parties.
39-32-103, MCA;
					 IMP,
					 39-32-109,
					 39-32-112,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.8 - Impasse › Rule 24.25.801 - PETITION

Current through Register Vol. 13, July 5, 2024
(1) In the event of an impasse, a petition,
				in writing, requesting assistance of the board, may be filed with the board by
				an employee or group of employees, a labor organization, or an employer. The
				original of the petition shall be signed by the petitioner or an authorized
				representative, and the original and three copies thereof shall be filed with
				the board. The petitioner shall serve a copy of the petition simultaneously
				upon any party in the petition. The petition shall contain:
(a) name, address, and telephone number of
				petitioner or authorized representative;
(b) name address, and telephone number of the
				employer;
(c) description of unit
				involved;
(d) name, address, and
				telephone number of the recognized or certified labor organization and
				authorized representative thereof;
(e) description of the dispute in
				detail;
(f) statement as to what
				assistance is requested; and
(g)
				statement indicating if the request is unilateral or joint.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.8 - Impasse › Rule 24.25.802 - MEDIATION

Current through Register Vol. 13, July 5, 2024
(1) Upon petition, the board, any member or
				employee thereof designated by the board or any other competent, impartial,
				disinterested person designated by the board may act as the mediator in a
				dispute.
(2) Any information
				disclosed to the mediator in the performance of these duties shall not be
				divulged unless approved by the parties involved. All files, records, reports,
				documents, or other papers received or prepared by the mediator shall be
				classified as confidential and not as a public record. Such matters shall not
				be disclosed to anyone without the prior consent of the board.
(3) The mediator shall not produce any
				confidential records or testimony with regard to any mediation conducted on
				behalf of a party to any case pending in any proceeding before any court,
				board, investigatory body, arbitrator, or fact finder without the written
				consent of the board.
(4) The
				mediator may hold separate or joint meetings with the parties or their
				representatives, and such meetings shall be private and nonpublic, except if
				otherwise mutually agreed upon by the parties.
39-32-103, MCA;
					 IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.8 - Impasse › Rule 24.25.803 - FACT FINDER

Current through Register Vol. 13, July 5, 2024
(1) Either party to
				a dispute may petition the board to initiate fact-finding in accordance with
				ARM 24.26.697 or, if it is apparent
				that matters in disagreement might be more readily settled if facts involved
				were determined and publicly known, the board may initiate
				fact-finding.
39-32-103, MCA;
					 IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.25 - COLLECTIVE BARGAINING FOR NURSES › Subchapter 24.25.8 - Impasse › Rule 24.25.804 - ARBITRATION

Current through Register Vol. 13, July 5, 2024
(1) The parties may, at any period in the
				negotiations, agree to submit the issues to binding arbitration in accordance
				with ARM 24.26.698.
39-32-103, MCA;
					 IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.1 - Organization › Rule 24.26.101 - ORGANIZATION OF BOARD OF PERSONNEL APPEALS

Current through Register Vol. 13, July 5, 2024
(1) The Board of Personnel Appeals of the
				Department of Labor and Industry herein adopts and incorporates the
				organizational structure of the Board of Personnel Appeals as it has been set
				out and explained in chapter 1 of Title 24, Administrative Rules of
				Montana.
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.1 - Organization › Rule 24.26.102 - BOARD MEETINGS, QUORUM

Current through Register Vol. 13, July 5, 2024
(1) The Board of
				Personnel Appeals shall meet upon the call of the chair or at the written
				request of three members at a time and place designated by the chair or members
				calling the meeting.
(2) A majority
				of the membership, provided that the chairperson is present, constitutes a
				quorum to do business. A representative quorum of at least three members is
				required to adopt any resolution, motion, or other decision that is not purely
				procedural in nature. For the purpose of this rule, the term "representative
				quorum" means at least one of the appointed management board members, one of
				the appointed labor union or association members, and the chair or his or her
				substitute.
(3) The board shall
				select a member or an agent to act as administrator of the board.
2-4-201,
					 39-31-104, MCA;
					 IMP,
					 2-4-201,
					 2-15-124,
					 2-15-1705,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.201 - ADOPTION OF ORGANIZATIONAL AND PUBLIC PARTICIPATION RULES

Current through Register Vol. 13, July 5, 2024
(1) The Board of Personnel Appeals adopts the
				organizational rules of the Department of Labor and Industry as listed in
				chapter 1 of this title.
(2) The
				Board of Personnel Appeals adopts procedural rules and public participation
				rules of the Department of Labor and Industry as listed in chapter 2 of this
				title to the extent they do not conflict with statute or rule.
AUTH:
					 2-3-103,
					 2-4-201,
					 MCA; IMP:
					 2-3-103,
					 2-4-201,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.202 - BOARD OF PERSONNEL APPEALS ADDRESS

Current through Register Vol. 13, July 5, 2024
(1) All requests, petitions, and other
				correspondence to the board should be addressed to the Board of Personnel
				Appeals, P.O. Box 201503, Helena, MT 59620-1503. The board's physical location
				is 1805 Prospect Avenue, Helena, MT 59601.
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.203 - SERVICE AND FILING

Current through Register Vol. 13, July 5, 2024
(1) Unless
				otherwise provided by statute, service shall be accomplished by personal
				delivery or certified mail, return receipt requested, or by any other method
				reasonably calculated to effect actual notice on a party to the action. Each
				party shall inform the board of any change of address within five days of the
				change.
(2) Any document required
				or allowed to be filed with the board may be filed or served by means of
				telephonic facsimile (fax). The board fax number is (406) 444-7071.
(3) Any document required or allowed to be
				filed with the board may be filed or served by means of electronic mail
				(e-mail). It is incumbent upon the party that is filing a document
				electronically to inquire and confirm the appropriate board staff person to
				whom the document should be electronically sent prior to filing the document.
				The document must be received in a recognizable format and the party e-mailing
				the document must confirm receipt.
(4) Filings with the board by fax or
				electronic mail are subject to the following conditions:
(a) a filing must conform with all applicable
				rules, except that only one copy of a document need be filed even when multiple
				copies otherwise would be required;
(b) when a document is received after 5:00
				p.m. mountain time, the date of filing of that document, for purposes of board
				rules, will be the date of the next regular work day;
(c) the original document and any copies must
				be received by the board within five days of the fax or electronic mail
				transmittal or the filing will not be recognized as timely; and
(d) the board's failure to receive a fax or
				electronic mail, for any reason, including but not limited to the
				unavailability or failure of equipment or transmission lines, does not excuse
				the late filing of documents.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.204 - INTERVENTION

Current through Register Vol. 13, July 5, 2024
(1) Any state employee, group of state
				employees, employee representative, or public employer may be permitted to
				intervene by serving a motion to intervene upon the parties and the board. The
				motion shall be accompanied by affidavit(s) establishing a basis for
				intervention. The board shall determine the validity of the basis for
				intervention.
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.205 - AMENDING PETITIONS

Current through Register Vol. 13, July 5, 2024
(1) Any petition
				may be amended, in whole or in part, by the petitioner or the board, or
				withdrawn by the petitioner at any time prior to the casting of the first
				ballot in an election, or prior to the closing of a case, upon such conditions
				as the board considers proper and just.
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.206 - COMPUTATION OF TIME

Current through Register Vol. 13, July 5, 2024
(1) Unless
				otherwise specifically provided in these rules, time will be computed by
				excluding the first day and including the last day unless the last day falls
				upon a legal holiday, Saturday, or Sunday, in which case the last day also is
				excluded. When the period of time prescribed or allowed is less than 11 days,
				intermediate Saturdays, Sundays, and holidays shall be excluded in the
				computation. For the purposes of these rules, the term "days" means calendar
				days, unless otherwise specified.
(2) Mailed documents are presumed to be
				mailed on the day they are dated. That presumption may be rebutted by a showing
				of the postmark. The burden of proof for showing that a document was mailed on
				a date different than the document's date rests with the person who claims that
				it was mailed on the different date. A party which alleges that it did not
				receive notice by mail of a board proceeding has the burden of proof in showing
				that the party ought to be granted relief. The party must present clear and
				convincing evidence to rebut the statutory presumption contained in 26-1-206,
				MCA, that a letter duly directed and mailed was received in the regular course
				of the mail.
(3) All questions
				regarding alleged nonreceipt of mail, or whether an appeal was timely made must
				be resolved by the board.
(4) If a
				rule requires a response within a certain number of days after the board mails
				a document, the party responding is not afforded any additional time for
				mailing in responding to the board. The response must be received by the board
				within the time allotted by rule. As provided for in ARM
				24.26.203, both facsimile and
				electronic mail filing is accepted.
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.207 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Board" means the Board of Personnel
				Appeals and in the appropriate context may also mean an agent appointed by the
				board to perform certain board functions.
(2) "Board Agent" means any person designated
				by the board to act on its behalf.
(3) "Date of Filing" means the date of
				receipt by the board.
(4) "Day"
				means calendar day unless otherwise specified.
(5) "Party" is any person, labor
				organization, or employer filing a petition, complaint, charge, or appeal with
				the board; any person, labor organization, or employer named as a party in a
				petition, complaint, charge, or appeal, or any other person, labor
				organization, or employer whose timely motion to intervene has been
				granted.
(6) "Party to an election"
				means a labor organization or employer.
(7) "Petitioner" means a party who files a
				petition with the board.
(8)
				"Recommended Order" means the order of a hearing officer or other board agent
				consisting of proposed rulings on motions and evidentiary matters, findings of
				fact, conclusions of law, and a recommended order.
(9) "Respondent" means a party who is
				required to respond to a complaint, petition, or charge.
2-4-201,
					 39-31-104, MCA;
					 IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.208 - NOTICE OF HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) The time and
				place of hearing will be set by the board or its agent and notice thereof
				mailed at least ten days in advance of the hearing date.
2-4-201,
					 39-31-104, MCA;
					 IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.209 - LAY REPRESENTATION BEFORE THE BOARD OR BOARD AGENT

Current through Register Vol. 13, July 5, 2024
(1) A lay representative, authorized by a
				party to the proceedings, may be permitted to appear in proceedings before the
				board or before an agent of the board on behalf of interested parties so long
				as this lay representative does not charge a fee to provide representation and
				is not otherwise compensated for the representation except for the remuneration
				that he or she may receive as a permanent employee of the party to the
				proceedings.
2-4-201,
					 39-31-104, MCA;
					 IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.210 - CONTESTED CASES, DEFAULT ORDER WHEN PARTY FAILS TO APPEAR AT HEARING

Current through Register Vol. 13, July 5, 2024
(1) When a notice of a hearing has been
				given, but a party fails to appear at the time specified for that hearing, the
				Board of Personnel Appeals shall enter an order at that time, stating the
				evidence before it supporting the board's action. If the defaulting party is
				able to show good cause for his absence, the order will be vacated and a new
				hearing date set.
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.211 - BRIEFS

Current through Register Vol. 13, July 5, 2024
(1) Where briefs are required, or permitted,
				they must be captioned with the board case title and number, and must be
				typewritten or printed with double spacing on letter-sized paper.
(2) Briefs must substantially comply with the
				following format:
(a) brief statement of
				pertinent facts;
(b) statement and
				discussion of disputed issues supported by available precedent; and
(c) concise summary of reasons for granting
				requested relief.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.212 - MOTIONS

Current through Register Vol. 13, July 5, 2024
(1) All motions other than those made during
				a hearing shall be made in writing and submitted to the board or the board's
				agent. They shall briefly state the relief sought, and shall be accompanied by
				affidavits setting forth the grounds upon which they are based. The moving
				party shall serve a copy of all motions on all other parties and shall file the
				original with proof of service. Answering affidavits, if any, must be served on
				all parties and the original thereof, together with proof of service, shall be
				filed within five days after service of the moving papers, unless directed
				otherwise. The board or the board's agent may decide to hear oral argument or
				testimony thereon.
(2) Motions for
				postponements of hearing will not be granted unless good and sufficient cause
				is shown and the following requirements are met:
(a) The request must be in writing directed
				to the chair of the board if the matter is before the board or directed to the
				attention of the assigned hearing officer if the matter is before the Office of
				Administrative Hearings.
(b) The
				grounds for the request must be set forth in detail.
(c) The requesting party must specify
				alternative dates for rescheduling the hearing or conference.
(d) The position of all parties must be
				ascertained in advance by the requesting party and set forth in the
				request.
(e) Copies of the request
				must be served contemporaneously on all parties, and that fact must be noted on
				the request.
(f) The request must
				be signed by the person making it.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.213 - MOTIONS FOR SUMMARY JUDGMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 39-31-104, MCA;
					 IMP,
					 2-18-1001,
					 2-18-1011,
					 2-18-1012,
					 87-1-205,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.215 - HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) The board may defer to a board agent from
				the department's Office of Administrative Hearings or its designee to conduct
				hearings.
(2) All documents,
				pleadings, and papers to be filed with the Office of Administrative Hearings
				shall be eight and one-half inches by eleven inches (8 1/2" x 11") in size,
				standard quality, opaque, unglazed paper, with a minimum 50 percent recycled
				content, of which at least ten percent shall be postconsumer waste, and be
				printed on both sides (double sided). Exhibits or other documents shall be
				reproduced in like size unless the original exhibit is required. A hearing
				officer may require the reproduction of an oversized demonstrative or other
				exhibit in a size appropriate for the record.
(3) The place of filing documents with the
				Office of Administrative Hearings is the offices of the Office of
				Administrative Hearings, Department of Labor and Industry, P.O. Box 1728,
				Helena, Montana 59624-1728, or during a hearing, by personal delivery to the
				presiding hearing officer.
(4)
				Filing with the Office of Administrative Hearings is effective upon actual
				receipt at the offices of the department or by the hearing officer at the
				hearing and not upon mailing.
(5)
				Copies of all submissions filed must be served upon all parties of record,
				including intervenors or other parties allowed to appear for special purposes,
				and all submissions must contain or be accompanied by a certificate of service
				showing proof of the method of service and the date upon which such service was
				made. Service of copies of submissions upon parties shall be made in accordance
				with the Montana Rules of Civil Procedure and may be made by means of first
				class mail, postage prepaid, unless the hearing officer designates another
				manner of service.
(6) The hearing
				officer may accept telephonic or oral filings of motions or requests for
				procedural relief, subject to recording by means of minute entry, note, or the
				subsequent filing of a true and accurate recording of such matters, upon fair
				and timely notice to all parties of record.
(7) Filing of a facsimile copy of a document
				of no more than 20 pages, which is an exact duplicate of the original, shall
				meet the filing requirements of these rules only if the facsimile copy is
				followed within five days by filing of the original or original copy of the
				document and required copies.
(8)
				The board agent shall issue a recommended order and serve a copy on each
				party.
2-4-201,
					 39-31-104, MCA;
					 IMP,
					 2-4-201,
					 39-31-105,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.216 - DECLARATORY RULINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.217 - EXTENSION OR WAIVER OF TIME LIMITS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.219 - SUSPENSION

Current through Register Vol. 13, July 5, 2024
(1) At the discretion of the board, these
				rules may be waived or suspended at any time in any proceeding unless such
				action results in depriving a party of substantial rights.
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.221 - EXCEPTIONS

Current through Register Vol. 13, July 5, 2024
(1) If a majority of the board has not heard
				the case, the hearing officer who conducted the hearing shall serve proposed
				finding of fact and conclusions of law along with the recommended order upon
				the parties who shall have 20 days to file exceptions with the board in
				conformance with ARM
				24.26.684.
39-32-103, MCA;
					 IMP,
					 39-32-112,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.222 - OBJECTIONS TO BOARD'S AGENT'S RECOMMENDED ORDER

Current through Register Vol. 13, July 5, 2024
(1) The parties shall have 20 days from the
				issuance of a recommended order to file specific written objections with the
				board. Upon good cause shown, the board may extend the time within which the
				objections shall be filed. When objections are filed, the party making the
				objections shall serve a copy of the objections on all parties of record in the
				case and provide the board with proof of service. A failure to so serve, and
				provide proof of service shall, in the absence of good cause shown, invalidate
				any such objections as being untimely and the board may disregard same in
				making a final determination in the case.
2-4-201,
					 39-31-104, MCA;
					 IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.224 - BOARD REVIEW

Current through Register Vol. 13, July 5, 2024
(1) If timely
				objections are filed following the issuance of a recommended order, the parties
				will be given an opportunity to present oral argument to the board. If a party
				desires to submit written argument in lieu of oral argument, it must be filed
				with the board not less than ten days before the date set for argument and the
				party filing the written argument shall serve a copy on parties of
				record.
(2) If parties wish to
				submit written memoranda in aid of oral argument in addition to argument, such
				written memoranda must be filed with the board not less than ten days before
				the date set for oral argument and copies must be served upon parties of
				record.
(3) Review by the board of
				a hearing officer's proposed rulings on motions and evidentiary matters,
				findings of fact, conclusions of law, and/or a recommended order shall be
				confined to the record. The order of the board shall be in writing and shall be
				sent to the parties.
(4) If the
				board refuses to adopt a recommended order of a hearing officer as its final
				decision or order and, instead, remands the proposal or portion thereof to the
				hearing officer for further consideration pursuant to board direction, the
				officer shall conduct whatever proceedings are necessary and conform the
				proposal for decision to board direction.
(5) The hearing officer shall serve the
				conformed proposal on all parties as well as upon the board's administrative
				assistant. The board shall then consider the conformed proposal at a regularly
				scheduled meeting prior to issuing a final decision.
2-4-201,
					 39-31-104, MCA;
					 IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.229 - EX PARTE COMMUNICATIONS

Current through Register Vol. 13, July 5, 2024
(1) At any time
				that petitions, complaints, objections, election challenges, or other contested
				case matters have been set for hearing by the board or its agents, if any party
				or counsel in the case communicates with the board, board member, or the board
				agent assigned to such case, concerning any fact in dispute in the case, the
				board, board member or board agent, as appropriate, shall notify all other
				parties and counsel in the case of such communications, either orally or in
				writing, and shall expressly include a statement of such communication,
				notification to other parties and counsel, and responses received thereto in
				the record of the case.
(2) The
				mere noting of such ex parte communications in the record will not be
				considered evidence of the facts in dispute unless otherwise agreed by all
				parties to the case. The board and its agents shall rely only on the admissible
				evidence of record in determining the merits of any disputed issue in a
				case.
(3) This rule shall not apply
				to matters presented or obtained during preliminary investigation of the
				petition, complaint, objections, or challenge, made by board agents prior to
				the service of the notice of hearing in a case, and shall not apply to requests
				for subpoenas.
2-4-201,
					 39-31-104, MCA;
					 IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.230 - SEVERABILITY

Current through Register Vol. 13, July 5, 2024
(1) If any one of these rules is held to be
				invalid, it shall not invalidate any other rule.
2-4-201,
					 MCA; IMP,
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.240 - INTERVENTION

Current through Register Vol. 13, July 5, 2024
(1) Any state employee, group of state
				employees, employee exclusive representative, labor organization, or public
				employer may be permitted to intervene in any grievance, appeal, petition, or
				complaint before the board by serving a motion to intervene on the parties and
				the board. The motion shall be accompanied by affidavit(s) establishing a basis
				for intervention. The board agent shall determine the validity of the basis for
				intervention.
AUTH:
					 2-4-201,
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 2-4-201,
					 2-18-1011,
					 2-18-1012,
					 39-31-201,
					 39-31-207,
					 39-31-208,
					 39-31-405,
					 39-31-406,
					 39-32-112,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.242 - DOCUMENT FORM

Current through Register Vol. 13, July 5, 2024
(1) All petitions,
				exceptions, motions, requests for enlargement of time, briefs, documents, and
				other papers filed with the board shall be eight and one-half inches by eleven
				inches (8½" x 11") in size, standard quality, opaque, unglazed paper,
				and in 12-point font or larger, double-spaced, and clearly legible. Exhibits or
				other documents shall be reproduced in like size unless the original exhibit is
				required. The board may require the reproduction of an oversized demonstrative
				or other exhibit in a size appropriate for the record.
(2) All submissions to the board should be
				captioned with the case's title and the assigned case number.
(3) All submissions to the board must be
				signed by a party or a party's authorized representative. The board shall
				accept electronic signatures as defined in
				1-5-602, MCA, in
				using the "/s/," for example, "/s/ James W. Murry."
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-105,
					 39-32-112,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.244 - DOCUMENT SERVICE

Current through Register Vol. 13, July 5, 2024
(1) All exceptions,
				motions, request for enlargement of time, briefs, and exhibits filed with the
				board must be served upon all parties of record, including intervenors or other
				parties allowed to appear for special purposes.
(a) The documents must contain or be
				accompanied by a certificate of service showing proof of the method of service
				and the date upon which such service was made.
(b) Service shall be made by personal
				delivery, first class mail, postage prepaid, electronic submission, or by any
				other method reasonably calculated to effect actual notice to all parties to
				the action.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.246 - FILINGS WITH THE BOARD

Current through Register Vol. 13, July 5, 2024
(1) Any document
				required or permitted to be filed with the board may be filed electronically or
				by hard copy.
(2) The electronic
				mail address for document filing is to dlierdbopa@mt.gov. Documents to be filed
				by e-mail must be attached in a .pdf format. Filings may be submitted in
				multiple attachments if necessary, and attachments totaling over ten MB may be
				sent to the board over the State's File Transfer Service.
(3) Hard copy filings may be mailed to the
				following address: Board of Personnel Appeals, P.O. Box 201503, Helena, MT
				59620. The board's physical location is 1805 Prospect Avenue, Helena, MT 59601.
				(4) A document is filed with the board, no matter how it is transmitted, on the
				date it is received by the board, not the date it is mailed. It is the
				responsibility of the filing party to ensure that documents are timely received
				by the board.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-105,
					 39-32-112,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.248 - TIME

Current through Register Vol. 13, July 5, 2024
(1) For the purposes of these rules, the term
				"day" means calendar day, unless otherwise specified.
(2) In computing any period of time for acts
				required by the board's rules, time will be computed by excluding the first day
				and including the last day unless the last day falls upon a Saturday, Sunday,
				or legal holiday. In that event, the period runs until the end of the next day
				which is not a Saturday, Sunday, or legal holiday.
(3) The date of service is computed from the
				date on which service is made, as shown by the certificate of service or date
				of mailing. Service made by mail is complete upon mailing. (4) Except as to
				dates fixed by statute and not subject to modification, the board may enlarge
				the time to perform an act required by these rules upon a written request of a
				party and good cause shown. A written request for an enlargement of time shall
				indicate that every other party has been contacted and whether any other party
				objects to the request.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 39-31-105,
					 39-32-112,
					 39-32-113
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.250 - HEARING OFFICER PROCEEDINGS AND RECOMMENDED ORDER

Current through Register Vol. 13, July 5, 2024
(1) The board may refer matters to a hearing
				officer for consideration.
(2) All
				documents, pleadings, and papers filed with the Office of Administrative
				Hearings must comply with ARM 24.26.242 and 24.26.244.
(3) Documents may be filed with the Office of
				Administrative Hearings by mail or by other means deemed acceptable by the
				hearing officer. The address to mail documents is the Office of Administrative
				Hearings, Department of Labor and Industry, P.O. Box 1728, Helena, Montana
				59624-1728.
(4) Filing with the
				Office of Administrative Hearings is effective upon actual receipt at the
				offices of the department or by the hearing officer and not upon
				mailing.
(5) A hearing officer
				shall conduct a hearing and related proceedings, consider evidence presented by
				the parties, and produce a written recommended order. The hearing officer shall
				serve the recommended order on all parties of record, including any
				intervenors.
AUTH:
					 39-31-104,
					 39-32-103, MCA;
					 IMP,
					 2-18-1011,
					 39-31-105,
					 39-32-112,
					 39-32-113,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.2 - Procedural Rules › Rule 24.26.254 - BOARD REVIEW OF HEARING OFFICER'S RECOMMENDED ORDER

Current through Register Vol. 13, July 5, 2024
(1) A party may request review of the hearing
				officer's recommended order by filing exceptions with the board within 20 days
				of service of the hearing officer's recommended order. Any exception must
				include all the party's specific exceptions and reasons for the exceptions. The
				exceptions serve as the party's opening brief. A party requesting review of the
				transcript must so state in the party's objection.
(a) If review of the transcript is not
				requested, briefs shall be due as follows:
(i) A party who wishes to file a response
				brief to an opposing party's exceptions must file and serve the response brief
				within 34 days of service of the hearing officer's recommended order.
(ii) A party who wishes to file a reply brief
				to an opposing party's response brief must file and serve the reply brief
				within 14 days of service of the response brief.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.26 - BOARD OF PERSONNEL APPEALS › Subchapter 24.26.3 - Department of Transportation Grievances (REPEALED) › Rule 24.26.301 - PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 2-18-1011,
					 MCA; IMP:
					 2-18-1002,
					 MCA