Admin. R. Mont. 37.62.931
Presumptions
Effective Dec 22, 2000Authorizing statute(s): Sec. 17-4-105, 40-5-202, 40-5-262, 40-5-272, 40-5-273, 40-5-405, 40-5-713, 40-5-825 and 40-5-906, MCA; Implementing statute(s): Sec. 17-4-105, 40-5-157, 40-5-202, 40-5-208, 40-5-226, 40-5-233, 40-5-261, 40-5-271, 40-5-273, 40-5-414, 40-5-431, 40-5-703, 40-5-710, 40-5-821, 40-5-822, 40-5-823, 40-5-824 and 40-5-906, MCAState of Montana
(1) The ALJ may apply the following presumptions when consistent with all surrounding facts and circumstances:
- (a) the presumptions both conclusive and rebuttable which are set forth in Title 26, chapter 1, part 6, MCA and 40-5-234 , 40-6-105 and 40-6-201 , MCA and any other presumption created by law;
- (b) that mail or other communications properly addressed and transmitted to the post office or other common carrier with all postage, tolls or charges properly prepaid, is or has been delivered to the addressee or consignee in the ordinary course of business; and
- (c) that a person who receives or received public assistance is eligible or was eligible for such assistance.
Authorizing statute(s): Sec. 17-4-105, 40-5-202, 40-5-262, 40-5-272, 40-5-273, 40-5-405, 40-5-713, 40-5-825 and 40-5-906, MCA
Implementing statute(s): Sec. 17-4-105, 40-5-157, 40-5-202, 40-5-208, 40-5-226, 40-5-233, 40-5-261, 40-5-271, 40-5-273, 40-5-414, 40-5-431, 40-5-703, 40-5-710, 40-5-821, 40-5-822, 40-5-823, 40-5-824 and 40-5-906, MCA
History: NEW, 2000 MAR p. 3547, Eff. 12/22/00.