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24.16.7544    REQUEST FOR RELIEF IF MAIL IS NOT RECEIVED

(1) A party which alleges that it did not receive timely notice by mail of the claim, determination or hearing process provided by these rules has the burden of proof of showing that the party ought to be granted relief. The party seeking relief must present clear and convincing evidence to rebut the statutory presumption contained in 26-1-602, MCA, that a letter duly directed and mailed was received in the regular course of the mail.

(2) Once a judgment is issued by a district court concerning a decision, any request for relief must be directed to the district court by a party (not the department on behalf of a party) pursuant to the Rules of Civil Procedure and be in the form required by the district court.

History: 39-3-202, 39-3-403, MCA; IMP, 39-3-216, MCA; NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2010 MAR p. 2841, Eff. 12/10/10.

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