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Rule Title: MODEL PROCEDURAL RULES
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Department: ADMINISTRATION, DEPARTMENT OF
Chapter: BOARD OF EXAMINERS
Subchapter: Procedural Rules
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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2.53.201    MODEL PROCEDURAL RULES

The board of examiners has herein adopted and incorporated the attorney general's model procedural rules one through 28 by reference to such rules as stated in ARM 1.3.101 through ARM 1.3.234 insofar as the board's functions relating to the liquidation of unsettled claims against the state are concerned, except that the following rules will apply, any provision in the model rules to the contrary notwithstanding:

(1) Pursuant to 17-8-221 (1) , MCA, any person having a claim against the state, the settlement of which is not otherwise provided for by law, must present the same to the board of examiners at least 2 months before the meeting of the legislature accompanied by a statement showing the facts constituting the claim, verified in the same manner as com-plaints in civil actions.

(2) Pursuant to 17-8-222 (2) , MCA, no payment may be made in favor of a witness who appeared in behalf of a claimant.

(3) Pursuant to 17-8-225 (1) , MCA, the board of examiners must not entertain for the second time a demand against the state once rejected by it or by the legislature, unless such facts are presented to the board as in suits between individuals would furnish sufficient grounds for granting a new trial. Further, as provided in 17-8-226 , MCA, any person interested, who is aggrieved by the disapproval of a claim by the board, may appeal from the decision to the legislature of the state by filing with the board a notice thereof, and upon receipt of such notice the board must transmit the demand and all the papers accompanying the same, with a statement of the evidence taken before it, to the legislature.

History: Sec. 2-4-201 MCA; IMP, 2-4-201 MCA; Eff. 12/31/72.


 

 
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