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42.2.620    INFORMATION OFFERED IN HEARINGS

(1) The hearing examiner shall have the discretion to impose rules of civil procedure and/or rules of evidence as deemed necessary. Imposition of any rules governing hearings shall be done by written order.

(2) Every party at a hearing shall have the right to introduce evidence. The evidence may be oral or written, real or demonstrative, direct or circumstantial.

(3) At the discretion of the hearing examiner, or upon stipulation of the parties, the parties may be required to reduce their testimony to writing and to pre-file the testimony.

(a) Pre-filed testimony may be placed in the record without being read into the record at a hearing if the opposing parties have had reasonable access to the testimony before it is presented.

(b) If a party intends to question a witness on pre-filed testimony, that party must file a notice of intent to do so within a time frame agreed upon by the parties.

(4) The hearing examiner shall rule and sign orders on matters concerning the evidentiary and procedural conduct of the hearing.

(5) Any party appearing at a hearing may submit a written statement addressing factual or legal issues, including cites of legal authority, if deemed necessary by the hearing examiner for a full and informed consideration of all matters.

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

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