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24.9.309    CONTESTED CASE RECORD

(1) The record in a contested case shall include:

(a) All pleadings, motions, intermediate rulings;

(b) All evidence received or considered, including a stenographic record of oral proceedings when demanded by a party;

(c) A statement of matters officially noticed;

(d) Questions and offers of proof, objections and rulings thereon;

(e) Proposed findings and exceptions;

(f) Any decision, opinion, or report by the hearing examiner or commission member presiding at the hearing;

(g) All department memoranda or data submitted to the hearing examiner or members of the commission as evidence in connection with their consideration of the case.

(2) The hearing will be recorded electronically unless a party demands a stenographic record. If a party desires a stenographic record of any hearing or proceeding, it must be requested not less than 15 days prior to the hearing or proceeding. The party requesting a stenographic record must arrange and pay for it. Any electronic or stenographic record of oral proceedings or any part thereof shall be transcribed on request of any party. The cost of the transcription shall be paid by the requesting party. A party who has a transcript prepared shall file an original and six copies with the commission. The original transcript shall be included in the record of the contested case.

(3) If an electronic recording of any hearing or proceeding is defective or cannot be transcribed, the hearing examiner may reconstruct the record or the parties may reconstruct the record by stipulation.

History: 49-2-204 and 49-3-106, MCA; IMP, 2-4-614, 49-2-505, and 49-3-308, MCA; NEW, 1988 MAR p. 1194, Eff. 6/10/88; AMD, 1990 MAR p. 525, Eff. 3/16/90; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

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