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24.9.306    APPOINTMENT AND AUTHORITY OF HEARING EXAMINER

(1) Contested cases will be presided over and heard by a hearing examiner, who may be an individual appointed by the hearings bureau of the department of labor and industry, any individual appointed by the commission or an individual member of the commission.

(2) The hearing examiner has general authority to regulate the course of contested cases, and may exercise those powers and authority provided by 2-4-611 , MCA, including all powers and authority provided or implied by law.

(3) The hearing examiner may establish prehearing and hearing dates and procedures, rule upon procedural petitions and motions, make procedural rulings and orders which appear necessary from the record, make proposed orders for commission review, and otherwise regulate the conduct and adjudication of contested cases as provided by law.

(4) No ruling, order, decision or exercise of the power and authority of a hearing examiner is reviewable by the commission prior to the entry of a proposed order, except as otherwise provided in these rules or unless a manifest and irreparable injustice would result.

(5) The jurisdiction and authority of a hearing examiner terminates upon the entry of a proposed order unless the commission further delegates authority for other proceedings or exercise of authority.

History: 49-2-204 and 49-3-106, MCA; IMP, 2-4-611, 49-2-505, and 49-3-308, MCA; NEW, 1988 MAR p. 1194, Eff. 6/10/88; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

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