(1) After a final order concerning a position has been issued by the board, a new hearing will be granted only upon a showing of some substantial change in that position or the job evaluation methodology which was not considered at the prior hearing and which would warrant a new hearing by the board or its designee.

(2) The employee shall include with his or her petition a signed affidavit stating the substantial change.

(3) The petition and the affidavit shall proceed through the appeals procedure as prescribed in ARM 24.26.508 up to step three (b) .

(4) The board or its designee shall then conduct a preliminary investigation to determine if the alleged substantial change warrants a new hearing.

(a) If it is determined that the alleged substantial change warrants a new hearing, the appeal procedure shall proceed as prescribed in ARM 24.26.508.

(b) If it is determined that the alleged substantial change does not warrant a new hearing, the petition shall be dismissed.

(5) The order to dismiss shall be an appealable order.