76-16-109. Appeal procedure. (1) Notice of a decision of a state district must be given in writing by the secretary of the state district to the interested parties or their attorneys by certified mail at the address as shown on the records of the district.
     (2) A person affected by the decision of a state district may appeal to the department, and the department shall hear and decide all those appeals. An appeal from the decision of the district to the department may be taken by filing written notice of the appeal with the department, by filing a copy of the notice of appeal with the secretary of the district, and by serving a copy of the notice of appeal by certified mail upon any interested parties who have appeared or upon their attorneys within 60 days after receiving written notice of the decision of the district. The appellant shall also file with the department proof by affidavit of the filing and service of the notice of appeal. The appeal to the department must be taken and review of the appeal must be upon the record of any hearing conducted and considered by the state district. However, the department may, at its discretion and for good cause shown, permit additional testimony to be submitted.

     History: En. Sec. 8, Ch. 208, L. 1939; amd. Sec. 3, Ch. 199, L. 1945; amd. Sec. 1, Ch. 163, L. 1953; amd. Sec. 38, Ch. 253, L. 1974; R.C.M. 1947, 46-2308(part); amd. Sec. 302, Ch. 418, L. 1995.