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(1) Any party may request that a pending motion, or a motion decided adversely to that party by the hearing examiner before or during the course of the proceeding be certified by the hearing examiner to the director. In deciding what motions should be certified, the hearing examiner shall consider the following:

(a) whether the motion involves a controlling question of law, which if finally determined, would materially advance the ultimate determination of the proceeding; or

(b) whether certifying the motion is necessary to promote the development of the full record or resolution of the case on the merits.

(2) The director may not rule upon a motion unless the motion is certified to the director by the hearing examiner in the manner described in this rule. If a motion is certified to the director, the director may require the parties to file briefs before ruling upon the motion. Certified motions shall be decided in the manner provided for in ARM 36.12.229(2).

(3) No motions shall be made directly to the director subsequent to the assignment of a hearing examiner.

History: 2-4-201, 85-2-113, MCA; IMP, 2-4-611, 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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