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(1) Except as provided herein, hearings shall be conducted in Helena, Montana.

(2) The location for hearings pertaining to liquor licensing matters are governed by ARM 42.12.108.

(3) Upon request by either party, hearings may be telephonic. Such requests will be granted unless the hearing examiner determines that telephonic participation may unfairly prejudice the rights of any party. If telephonic participation is requested, the hearing examiner will place the call at the designated time to whatever telephone number is provided by the person or other entity.

(4) Upon a showing of compelling circumstances by either party, the hearings officer may order a hearing to be conducted at a location other than Helena, Montana.

(5) Notice of the time and place for a hearing shall be given to the parties concerned, or their representatives if legal authorization is on file, not less than 14 days prior to the day fixed for such proceedings.

(6) A party may be represented by legal counsel at the hearing, and/or at every stage of adjudication. However, failure to obtain legal representation cannot be cited as grounds for complaint at a later stage in the adjudicative process or for relief on appeal from an adverse decision.

(a) Legal counsel must enter a notice of appearance.

(b) Any representative other than legal counsel must submit a written, signed statement authorizing the representative to act on the party's behalf.

(c) All documents and information pertaining to the dispute will be directed to the party's representative. They may be transmitted by facsimile number, e-mail address, or other electronic means if such transmission does not breach confidentiality. Otherwise, documents will be mailed to or served upon the representative's address as shown in the original filing.

(7) Hearing proceedings shall be conducted, at all times, with due regard for the confidentiality requirements imposed by 15-30-303 , 15-31-511 , MCA, and any other confidentiality requirements currently set forth in Title 15, MCA, or at any future time.

(8) Testimony at hearings shall be given under oath.

History: 15-1-201, 15-1-211, MCA; IMP, 15-1-211, MCA; NEW, 1999 MAR p. 2900, Eff. 12/17/99; AMD, 2002 MAR p. 3048, Eff. 11/1/02.

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