(1) This rule implements 39-51-2407 , MCA, by setting forth procedural steps that shall be followed in contested matters involving unemployment insurance benefit determinations.

(2) Benefit hearings are conducted informally, and in such a manner as to ascertain the substantial rights of the parties. All issues relevant to an appeal are considered and passed upon. Any interested party, any witness, under oath, or affirmation, may present pertinent evidence subject to examination by the appeals referee and to cross-examination by any opposing interested parties.

(3) With the consent of the appeals referee, the parties may stipulate in writing the facts of the case. A hearing may nevertheless be held if the appeals referee finds such a stipulation inadequate for decision in the case.

(4) If any party fails to appear at the hearing, and no emergency justifying continuance is shown, the appeals referee issues the decisions on the best evidence available. The hearing may be postponed only for emergencies upon application to the appeals referee orally or in writing before the hearing is concluded.

(5) The appeals referee may adjourn any hearing for a reasonable period of time, in order to secure all the evidence that is necessary and to be fair to the parties.