(a) All matters appealed to the county transportation committee shall be governed by these rules of controversy. It shall be the duty of the county superintendent, as chairperson of the county transportation committee, to ensure compliance. All references made in this chapter to the county superintendent as to the procedure on these school rules shall also include the county transportation committee where appropriate.

(b) All controversies arising under any other provision of Title 20, MCA for which a procedure for resolving controversies is not expressly prescribed shall be governed by these rules.

(1) Contested case means any proceeding in which a determination of legal rights, duties or privileges of a party is required by law to be made after an opportunity for hearing.

(1) A person who has been aggrieved by a final decision of the board of trustees of a school district in a contested case is entitled to commence an appeal before the county superintendent.

(2) A school controversy contested case shall be commenced by filing a notice of appeal with the county superintendent and the parties within 30 days after the final decision of the board of trustees of the school district is made. The date of filing shall be determined to be the date the notice is delivered to the county superintendent or, if mailed, the date the notice is deposited in the U.S. mail as evidenced by the postmark date. Notice of appeal shall be served on the parties by certified mail or personal delivery. Respondent shall file a written reply to the notice of appeal within 10 business days of receipt.

(3) A party to a controversy may make and file with the county superintendent an affidavit disqualifying the county superintendent pursuant to 20-3-211 , MCA. The affidavit must be filed not less than 10 days before the original date set for the hearing.

This rule has been repealed.

This rule has been repealed.

(a) whether the appeal is a contested case; and

(b) whether he/she has jurisdiction on the matter.

(2) The county superintendent shall, at all times, have jurisdiction to determine the jurisdiction over any particular contested case. In such situations, the rules of procedure shall apply, and questions of jurisdiction may be resolved by rulings and orders based upon the pleadings or after a hearing, as necessary to suit the circumstances of the case.

(3) The county superintendent may determine that he/she does not have jurisdiction or the power to act over a particular matter. In this event, the county superintendent shall enter an order dismissing the appeal for lack of jurisdiction. The county superintendent, after making the determination that the matter is a contested case pursuant to the provisions of this chapter and that he/she has jurisdiction, shall hear the appeal and take testimony in order to determine the facts related to the contested case.

(4) A determination by the county superintendent as to jurisdiction may be immediately appealed to the state superintendent.

(2) When a party appeals to the county superintendent, the notice of appeal must include:

(a) a caption setting forth the name and the county of the superintendent;

(b) the names and addresses of all appropriate parties;

(c) a clear and concise statement of the matters asserted;

(d) a statement setting forth the basis for the contested case that the county superintendent has proper jurisdiction;

(e) references to the particular sections of the statutes and rules involved.

(3) The notice of appeal shall be signed by the petitioner and/or the petitioner's representative.

(4) Failure of any party to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal but is grounds for such action as the county superintendent deems appropriate, which may include dismissal of the appeal.

This rule has been repealed.

(2) This conference of informal disposition may occur at any time prior to the issuing of the final findings of fact, conclusions of law and order of the county superintendent. The parties may informally confer to resolve the school controversy contested case by stipulation, agreed settlement, consent order, or default. To be effective, any agreement made at such conference must be reduced to writing and signed by all parties. An agreed resolution shall end the proceedings and bar further proceedings.

(a) the simplification of the issues;

(b) the necessity or desirability of amendments to the pleading;

(c) the possibility of obtaining admissions of fact and documents which will avoid unnecessary proof;

(d) a limitation of the number of expert witnesses;

(e) the date for hearing;

(f) such other matters as may aid in the disposition of the action.

(2) In addition to the matters to be considered, the prehearing conference notice shall include a provision advising the parties of their right to be represented by counsel at their own expense.

(3) The county superintendent shall issue an order which recites the action taken at the conference, the amendments to the notice of appeal and the agreements made by the parties as to any of the mattes considered, and which limits the issues for the hearing to those not disposed of by admissions or agreements of the parties. Such order when entered will control the subsequent course of action, unless modified at the hearing to prevent manifest injustice.

(4) County superintendents shall ensure the privacy of matters before them as is required by law. Parents maintain the right to waive their right of confidentiality and privacy in the hearing and may request that the hearing be open to the public. The county superintendent shall also provide or allow an opportunity for the minor to be present at the hearing upon request of the parent or guardian.

(5) The county superintendent shall conduct the hearing in a location stipulated to by all parties and the county superintendent. In the event of disagreement, the county superintendent will make the final determination.

(a) depositions upon oral examination or written questions;

(b) written questions;

(c) production of documents or things, or permission to enter upon land or property;

(d) request for admissions.

(2) Any evidence to be introduced at the hearing or on file shall be made available for disclosure to all parties at least five days before the hearing.

(a) in general, parties may obtain discovery regarding any matter not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party, including the existence, description, nature, custody, condition and location of any books, documents or other tangible items and the identity and location of persons having knowledge of any discoverable material;

(b) a party may discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or preparation for hearing.

(a) that the discovery not be had;

(b) that the discovery may be had only on specified terms and conditions, including a designation of the time or place;

(c) that the discovery may be had only by a method of discovery other than that selected by the parties seeking discovery;

(d) that certain matters should not be inquired into, or that the scope of the discovery be limited to certain matters;

(e) that discovery be conducted with no one present except persons designated by the county superintendent.

(a) administer oaths;

(b) issue subpoenas;

(c) provide for the taking of testimony by depositions;

(d) set the time and place of the hearing and direct parties to appear and confer to consider simplification of the issues;

(e) fix the time for filing of briefs and other documents;

(f) request the submission of proposed findings of fact and conclusions of law at the conclusion of the hearing.

(2) The county superintendent shall be bound by common law and the Montana Rules of Evidence. All evidence and objections to evidence shall be noted in the record:

(a) any part of the evidence may be received in written form;

(b) documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the county superintendent's specialized knowledge.

(a) statement and evidence of the petitioner or other party in support of its action;

(b) statement and evidence of the respondent in support of its action;

(c) rebuttal testimony;

(d) closing arguments.

(2) Each party shall have the right to conduct cross-examinations for a full and true disclosure of the facts, including the right to cross-examine the authority of any document prepared by or on behalf of or for the use of all parties and offered into evidence. All testimony shall be given under oath or affirmation.

This rule has been repealed.

(a) all pleadings, motions, intermediate ruling;

(b) all evidence received plus a stenographic or tape-recorded record of oral proceeding;

(c) a statement of matters officially noticed;

(d) questions and offers or proof, objections and proceedings thereon;

(e) proposed findings and exceptions;

(f) findings of fact, conclusions of law and order by the county superintendent.

(a) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

(b) Each conclusion of law shall be supported by authority or by a reasoned opinion.

(c) The final order shall inform the parties of their right to appeal the order to the state superintendent of public instruction, and when appropriate, shall include a copy of the uniform rules of administrative appellate procedure for the state superintendent of public instruction with the final order, ARM 10.6.120 through 10.6.130.

(2) The county superintendent shall insure for all cases that not later than 90 days after the receipt of the reply to notice of appeal a final order is reached and a copy of the findings of fact, conclusions of law and order is mailed to each party. The time limitation provided here may be waived upon request of the county superintendent or a party of the school controversy contested case, upon stipulation of the parties.

(3) In the case of an appeal to the county transportation committee, after hearing the committee shall meet and vote in open session whether to grant or deny the appeal. The members of the majority shall appoint one member to prepare findings of fact, conclusions of law and order which shall then be adopted at an open meeting of the transportation committee and signed by all members of the majority. Any member of the minority may put the reasons for his/her vote in writing, and this shall be made part of the record.

This rule has been repealed.

This rule has been repealed.

(2) All references made to the county superintendent shall also include the county transportation committee where appropriate.

(3) A party who is aggrieved by a final decision in a contested case before the county superintendent is entitled to appellate review by administrative appeal to the state superintendent. The superintendent of public instruction shall make his/her decision on the basis of the record established at the county superintendent hearing and upon review of the findings of fact, conclusions of law and order of the county superintendent.

(1) An appeal shall be taken by filing a notice of appeal with the state superintendent of public instruction. The date of filing shall be the date of actual delivery to the office of the state superintendent. A copy of such notice of appeal shall be served on the parties and the county superintendent. Failure of any party to take any step other than the timely filing of a notice of appeal does not affect the validity of the appeal but is grounds for such action as the state superintendent deems appropriate, which may include dismissal of the appeal.

(a) a caption setting forth the name of the state superintendent of public instruction;

(b) the name and addresses of all appropriate parties;

(c) a clear and concise statement of the matters asserted on appeal;

(d) a statement indicating that appellant has a contested case, identifying the county superintendent from which the appeal is taken and whether the state superintendent has proper jurisdiction;

(e) references to the particular sections of the statutes and rules involved;

(f) the signature of the petitioner and/or the petitioner's representative;

(g) a copy of the findings of fact, conclusions of law and order of the county superintendent.

(1) Upon receipt of a copy of the notice of appeal to the state superintendent of public instruction, the county superintendent shall transmit the record along with a certified docket listing the contents of the record. The record shall contain all items identified in ARM 10.6.118 including a transcript of the proceedings. Such records shall be transmitted to the state superintendent within 20 days following receipt of the notice of appeal unless otherwise ordered by the state superintendent.

(1) The state superintendent of public instruction shall be subject to the standard of review as set forth below and shall be confined to the record established at the fact finding hearing.

(2) In cases of alleged irregularities in procedure before the county superintendent not shown on the record, proof thereof may be taken by the state superintendent.

(3) The state superintendent, at his/her discretion or upon request, may hear oral arguments and receive written briefs.

(4) The state superintendent may not substitute his/her judgment for that of the county superintendent as to the weight of the evidence on questions of fact. The state superintendent may affirm the decision of the county superintendent or remand the case for further proceedings or refuse to accept the appeal on the grounds that the state superintendent fails to retain proper jurisdiction on the matter. The state superintendent may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings of fact, conclusions of law and order are:

(a) in violation of constitutional or statutory provisions;

(b) in excess of the statutory authority;

(c) made upon unlawful procedure;

(d) affected by other error of law;

(e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record;

(f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion;

(g) affected because findings of fact upon issues essential to the decision were not made although requested.

This rule has been repealed.

(2) The decision of the superintendent of public instruction shall be rendered within a reasonable time after the case has been deemed submitted by the state superintendent.