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1.3.218    MODEL RULE 14 CONTESTED CASES, HEARING EXAMINERS

(1) Section 2-4-611, MCA allows the agency to appoint hearing examiners for the conduct of hearings in contested cases.

(2) The powers of the agency members or hearing examiners presiding over hearings are enumerated in 2-4-611(3) , MCA.

(3) If a defending party notifies the agency that he will appear at the hearing to contest the intended action, the agency must advise all parties of the appointment of either an agency member or a hearing examiner to manage the case, as illustrated by sample form 21.

(4) Disqualification of a hearing examiner or agency member is provided for under 2-4-611(4) , 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. 1231, Eff. 10/12/79; AMD, 1981 MAR p. 1196, Eff. 10/16/81; AMD, 1992 MAR p. 1242, Eff. 6/12/92.

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