(1) Notwithstanding any provision of the Montana Administrative Procedure Act or the Attorney General's Model Rules of Procedure to the contrary, hearsay evidence may be submitted in a proceeding before the Gambling Control Division if it meets the requirements of 23-5-138, MCA. The evidence must be submitted to the hearing examiner and to the respondent at least 30 days before the hearing at which it is to be considered. The evidence must be accompanied by a motion and if necessary a supporting brief. The respondent shall be given an opportunity to object to the evidence and request a prehearing conference at which its admissibility is considered. The hearing examiner shall issue a written ruling on the admissibility of the evidence at least ten days prior to the hearing in the matter.


History: 23-5-115, MCA; IMP, 23-5-138, MCA; NEW, 1993 MAR p. 2786, Eff. 11/25/93; NEW, 1994 MAR p. 2834, Eff. 10/28/94.