(1) Costs in bringing the administrative action as used in 32-9-133, MCA, include:

(a) administrative law judge charges;

(b) court reporter fees;

(c) transcription cost as provided under 2-4-614, MCA;

(d) exhibit preparation cost if the exhibit was admitted into evidence at the hearing;

(e) deposition cost if the deposition was used at the hearing;

(f) fees, if any, for service of subpoenas;

(g) witness fees and mileage for the department's lay/fact witnesses; and

(h) mileage for the department's expert witness if the expert appears personally and testifies at the hearing.

(2) Nothing in this rule limits the department's authority under 32-9-130, MCA, to charge for a special examination performed before a department decision to initiate a contested case under the Montana Administrative Procedure Act and upon which the decision is based in whole or in part. The manner of calculating the charge for a special examination is the same as for a regularly scheduled compliance examination under 32-9-130(7), MCA.

History: 32-9-130, MCA; IMP, 32-9-133, MCA; NEW, 2008 MAR p. 2034, Eff. 9/26/08; AMD, 2015 MAR p. 923, Eff. 7/17/15.