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(1) The Department of Labor and Industry has adopted the model rules proposed by the attorney general by reference to such rules as stated in ARM 1.3.211 through ARM 1.3.233 with the following exceptions:

(a) Model rule 25(1) (a) (ARM 1.3.230(1) (a) ) general provisions, subpoenas, is amended to read as follows:

"(i) Upon request of any party appearing, the agency shall issue subpoenas for witnesses or subpoenas duces tecum. Except as otherwise provided by statute, rule or regulation, witness fees and mileage shall be paid by the party requesting the issuance of the subpoena.

(ii) A party may request from the agency an order that the testimony of a material witness be taken by deposition. Fees and mileage are to be paid as determined by applicable statutes, rules or regulations."

(b) Model rule 19 (ARM 1.3.223) , contested cases, proposed orders, is amended to read as follows:

"If a majority of the officials of an agency who are to render the final order were not present at the hearing of a contested case or have not read the record, a proposed order, if adverse to a party to the proceeding other than the agency, including findings of fact and conclusions of law, shall be served upon the parties. An opportunity to file exceptions, present briefs and make oral argument to the officials who are to render the decision shall be granted to all parties adversely affected. If no appeal is taken within the time allotted by law, the decision of the hearing examiner shall be final."

(2) (a) The reason for the amendment to model rule 25 is that in instances involving claimants for unemployment insurance benefits, the U.S. Department of Labor allows the department to pay witness fees.

(b) The reason for the amendment to model rule 19 is to allow the decision of the appointed hearing examiner to be the final order.

(3) Various programs administered by the department have special procedural rules required or permitted by the underlying legislation. In those programs which have special procedural rules that conflict with the model rules, the special procedural rules of the program supersede the general procedural rules of the department. Entities which are attached to the department for administrative purposes only adopt rules separately and are not bound by these general procedural rules.


History: 2-4-110, 2-4-201, MCA; IMP, 2-4-201 MCA; NEW, Eff. 12/31/72; AMD, Eff. 10/26/77; AMD, 1978 MAR p. 1031, Eff. 7/28/78; AMD, 1996 MAR p. 1673, Eff. 7/1/96; AMD, 2022 MAR p. 907, Eff. 6/11/22.

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