(1) Formal proceedings may be commenced only after the filing of a complaint as described in these rules, the director's determination that formal proceedings are necessary, the designation of a presiding officer, and the issuance of a written order to show cause and notice of opportunity for hearing.

(2) Formal proceedings for decertification are subject to the Montana Administrative Procedure Act, and must be conducted pursuant to that Act.

(3) If the director determines that formal proceedings are necessary, the respondent must be afforded reasonable notice. The order and notice shall contain, in addition to those things required by the Montana Administrative Procedure Act:

(a) The name and address of the complainant, if any;

(b) A statement, in plain language, of the nature and circumstances of the incident complained of; and

(c) A statement that failure to answer the complaint may result in default.

(4) The respondent or his counsel may examine the original complaint.

(5) In formal proceedings, the respondent must file an answer, or be in default. The answer shall contain at least a statement of grounds of opposition to each allegation of the complaint which the respondent opposes.

(6) Service shall be made in a manner consistent with Montana law.

(7) If a review of the conduct of a person holding a certificate subject to decertification under these rules is pending before any court, board, tribunal or agency, the director may, in his discretion, stay any proceedings for decertification pending before the council for so long as the council deems necessary.

(8) In the event the respondent fails to answer, appear or otherwise defend a complaint against him of which the respondent had notice, the presiding officer may enter an order based on the allegations of the complaint. However, the presiding officer may only enter an order based solely on the allegations of the complaint if the presiding officer is acting either on a verified complaint or has conducted a proceeding at which the complainant's evidence was presented. The presiding officer shall enter an order containing findings of fact, conclusions of law, and an opinion.

(9) Any party may represent himself, or may at his own expense be represented by an attorney licensed to practice law in the state.

(10) A representative from the office of the attorney general may present the case of the complainant.

(11) The presiding officer may utilize a legal advisor to assist in conducting the hearing. If the presiding officer's legal advisor is employed by the office of the attorney general, his contact with the representative from the office of the attorney general who presents the case of the petitioner shall be restricted to that permitted by law.

(12) Unless required for disposition of ex parte matters authorized by law, after issuance of notice of hearing, the presiding officer may not communicate with any party or his representative in connection with any issue of fact or law in such case except upon notice and opportunity for all parties to participate.