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This is an obsolete version of the rule. Please click on the rule number to view the current version.

1.3.223    MODEL RULE 19 CONTESTED CASES, PROPOSED ORDERS

(1) If a majority of the officials of the agency who are to render the final decision have not heard the case, a proposed decision must be prepared and served pursuant to 2-4-621(1) , (2) and (4) , MCA.

(a) If the hearings officer becomes unavailable, proposed findings of fact may be prepared pursuant to 2-4-622, MCA.

(b) All parties shall be given equal opportunities to file exceptions and present briefs and oral argument.

(c) All parties should be informed of any appeal or review procedures provided by the agency.

(2) The parties may waive compliance with this rule by written stipulation.

(3) The agency may adopt the proposed decision as the agency's final order pursuant to 2-4-621(3) , MCA.

History: 2-4-202, MCA; IMP, 2-4-202, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1233, Eff. 10/12/79; AMD, 1981 MAR p. 1196, Eff. 10/16/81.

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