(1) Under the Montana Administrative Procedure Act, a contested case exists whenever a proceeding before the agency determines legal rights, duties or privileges and the law requires an opportunity for hearing. In a contested case all parties are afforded an opportunity for a hearing after reasonable notice. Section 33-1-701 , MCA, provides that, in certain cases where a hearing is demanded, such hearing shall either be held within 30 days after receipt of written demand therefore by the insurance commissioner or shall be deemed to have been refused.
(2) The notice shall include the following:
(a) all items required by 2-4-601 (2) , MCA.
(b) a provision advising parties of their right to be represented by counsel at the hearing.
(c) a statement either staying the agency action or detailing at what point the party's legal rights, duties, or privileges will be revoked.