(1) Hearings relating to a health care facility certificate of need are available to the extent granted and as provided in 50-5-306 , MCA, ARM 37.106.115, 37.106.120. The provisions of ARM 37.5.304, 37.5.307, 37.5.310, 37.5.311, 37.5.313, 37.5.316, 37.5.318, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334, 37.5.337 do not apply to such hearings.

(2) Hearings relating to a health care facility certificate of need will be conducted in person in Helena, Lewis and Clark County, Montana, at a location designated by the department, unless the parties mutually agree to conduct the hearing telephonically.