1.3.212 CONTESTED CASES, NOTICE OF OPPORTUNITY TO BE HEARD
(1) All parties to contested cases must be provided notice of hearing. As illustrated by sample form 212a, the notice must include:
(a) the time, place, and nature of the hearing;
(b) the legal authority and jurisdiction under which the hearing is being
(c) a citation to the statutes and rules involved;
(d) a short and plain statement of the issues involved;
(e) notice that formal proceedings may be waived pursuant to 2-4-603, MCA;
(f) a statement advising parties of their right to be represented by counsel at the hearing; and
(g) if applicable, a statement staying the agency action or detailing at what point the party's legal rights, duties, or privileges will be revoked or imposed.
Sample Form 212a: Notice of Contested Case Hearing
BEFORE THE [agency] OF THE STATE OF MONTANA
In the matter
of [summary - for example: ) NOTICE OF HEARING ON
TO: [name of party]
At [time], [date], at [address], a hearing will be held for the [subject - for example: revocation of the insurance producer's license of John Doe].
The [agency] will make reasonable accommodations for persons with disabilities who wish to participate in this hearing or need an alternative accessible format of this notice. If you require an accommodation, contact [agency] no later than 5:00 p.m. on [date - no requirement specified in MAPA], to advise of the nature of the accommodation that is needed. Please contact [name, address, telephone, TTD number, fax, e-mail].
This hearing is held under the authority of [MCA section or agency regulation]. Violation of [MCA section or agency regulation] is alleged in that [statement of facts constituting alleged violation - for example: (Option 1: [Name] misappropriated to his own use money belonging to a policyholder, specifically the sum of $500 from Mary Smith on or about the 1st day of March, 2008); or (Option 2: [Name] misappropriated to his own use money belonging to a policyholder. A more definite and detailed statement of the allegation may be obtained by applying to [name, address].)
You are entitled to attend this hearing and respond and present evidence and arguments on all issues involved in this action.
You have a right to be represented by counsel at the hearing. If you desire to contest the proposed agency action, or to waive formal proceedings pursuant to 2-4-603, MCA, you must notify [name, address] in writing within [number of days which provides reasonable opportunity to prepare] days of service of this notice on you. Failure to notify [name] will result in [proposed agency action - for example: revocation] on the date of this hearing.
Dated this _________ day of ___________________, 20___.
(must be signed by:)
History: 2-4-202, MCA; IMP, 2-4-202, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1226, Eff. 10/12/79; AMD, 1981 MAR p. 1196, Eff. 10/16/81; AMD, 1992 MAR p. 1242, Eff. 6/12/92; AMD, 2008 MAR p. 1700, Eff. 8/15/08.