to 61-8-912, MCA, the committee shall review and resolve complaints about tow
truck issues, including towing charges.
(2) The committee shall
have the authority to act as a hearing examiner in contested cases with the
powers set forth in 2-4-611, MCA, and shall have the authority to issue
recommended proposals for decision as discussed in 2-4-621, MCA. The attorney
general shall review the recommended proposal and make the final decision.
(3) Complaints must be
signed and submitted in writing to a member of the committee. The complaint
must identify the tow truck operator against whom it is filed and include a
description of the underlying facts giving rise to the complaint.
(4) After receiving a
written complaint, the committee will:
(a) give all parties to the
dispute reasonable notice of the date, time, and location at which the
committee will hear the complaint;
(b) request notification by
any party of its desire to call witnesses, and the proposed subject of the
(c) provide the complaining
party an opportunity to address the committee regarding his or her complaint;
(d) provide the responding
party an opportunity to answer the complaining party;
(e) provide any other party
an opportunity to address the committee regarding the complaint;
(f) provide any witness the
committee deems relevant an opportunity to address the committee;
(g) keep a tape recording
of the hearing that may be copied or transcribed at the request of any person
who pays the cost thereof; and
(h) issue a written
proposal for decision which may be contested before the attorney general
pursuant to 2-4-621, MCA.
(5) If after a hearing, the
committee finds the complaint to have merit, the committee may in its
(a) issue a warning;
(b) suspend the operator
from participating in the state rotation system for six months;
(c) permanently suspend the
operator from participating in the state rotation system; or
(d) issue some other
sanction that a majority of the committee agrees is appropriate.