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(1) Pursuant 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 witnesses' testimony;

(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 recommended proposal:

(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.

History: 61-8-912, MCA; IMP, 61-8-908, 61-8-912, MCA; NEW, 1996 MAR p. 3134, Eff. 12/6/96; AMD, 2003 MAR p. 2628, Eff. 11/27/03.

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