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36.12.210    CONSOLIDATION

(1) Two or more proceedings may be proposed for consolidation as a single proceeding upon motion of a party or upon notice by the hearing examiner:

(a) if consolidation is proposed by a party, the procedures regarding filing of motions to the hearing examiner provided for by ARM 36.12.213 shall be followed; or

(b) if consolidation is proposed by the hearing examiner, the hearing examiner shall serve each party with written notification of the proposal to consolidate. Any party opposing consolidation shall file and serve a written objection stating the reasons consolidation should not be ordered within 14 days of service of notice.

(2) The hearing examiner may order consolidation upon determining:

(a) the proceedings present substantially the same issues of fact or law;

(b) the final order in one proceeding would affect the rights of parties in the other(s); and

(c) the consolidation would not substantially prejudice any party.

(3) An order granting or denying a motion for consolidation shall be served upon all parties and shall contain a description of the cases being consolidated and shall explain the basis for the hearing examiner's determination.

(4) Multiple objections to a single application shall be consolidated without requirement of a motion, notice, or order.

History: 2-4-201, 85-2-113, MCA; IMP, 85-2-309, MCA; NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94; AMD, 2014 MAR p. 2956, Eff. 12/12/14.

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