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24.26.705    RIGHT TO APPEAL

(1) Any party aggrieved by a department hearings officer's wage claim determination made pursuant to section 39-3-216 , MCA, may seek review of the determination by the board.

(2) The aggrieved party must seek review by filing a notice of appeal within 15 days after the day the decision of the hearings officer is mailed.

(3) The notice of appeal shall consist of a written statement of the party's desire to appeal the decision of the hearings officer. The notice of appeal must set forth the specific errors of the hearings officer and the issues that will be raised on appeal.

(4) The completed and signed notice of appeal shall be mailed to the central office of the department:

Administrator, Employment Relations Division

Department of Labor and Industry

P.O. Box 1728

Helena, MT 59624

(a) It must be postmarked no later than 15 days after the day the decision of the hearings officer was mailed.

(5) Upon receiving the notice of appeal, the administrator of the employment relations division shall immediately transmit the notice to the administrator of the board.

(6) The administrator of the board shall schedule a review of the determination. The review shall take place as soon as possible.

(7) The record of the hearing below shall be provided the board. The contents of the record shall be determined pursuant to section 2-4-614 , MCA.

History: Sec. 2-4-201, MCA; IMP, 39-3-217, MCA; NEW, 1989 MAR p. 2250, Eff. 12/22/89.

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