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(1) Within the CSSD there is an independent hearings bureau. For the convenient classification and division of business, the hearings bureau is divided into two administrative units consisting of the administrative law judges (ALJs) and the office of the administrative law judge (OALJ).

(2) The ALJs are responsible for and preside over all hearings in CSSD contested cases.

(a) In addition to the powers and duties set forth in 2-4-611(3), MCA an ALJ has the power and duty to carry out, undertake or perform any task or action expressly or implicitly required of an ALJ under these rules including the general authority to regulate the conduct and course of contested cases.

(3) The OALJ is responsible for providing administrative and clerical support to the ALJs:

(a) maintaining all contested case hearing records;

(b) calendaring contested cases for hearing;

(c) assigning cases to respective ALJs;

(d) setting hearing dates;

(e) tracking the progress of a case through the hearing process; and

(f) similar other activities.


History: 2-4-201, 17-4-105, 40-5-202, 40-5-262, 40-5-272, 40-5-273, 40-5-405, 40-5-713, 40-5-825, 40-5-906, MCA; IMP, 17-4-105, 40-5-157, 40-5-202, 40-5-208, 40-5-226, 40-5-233, 40-5-261, 40-5-271, 40-5-273, 40-5-414, 40-5-431, 40-5-703, 40-5-710, 40-5-821, 40-5-822, 40-5-823, 40-5-824, 40-5-906, MCA; NEW, 2000 MAR p. 3547, Eff. 12/22/00; AMD, 2020 MAR p. 966, Eff. 5/30/20.

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