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(1) (a) The commission shall meet upon call of the chairperson, or at the written request of at least three members, the time or place to be designated by the person calling the meeting.

(b) A majority of the membership constitutes a quorum to do business. A contested case in a case filed before July 1, 1997 may be heard before a hearing officer, an individual member of the commission acting as hearing officer, or by at least three members of the commission. The commission may designate one or more non-members to substitute for a commission member or members in the case of disqualification or other appropriate circumstances.

(c) The department shall provide a staff member to act as secretary of the commission. The staff member will keep general minutes of all commission meetings whether in person or by telephone conference call as a public record.

(2) A single commission member may issue an order in a contested case proceeding before the commission which is of a purely procedural nature. For example, a single member of the commission may sign an order regarding a briefing schedule, or an order extending the time in which a party may file exceptions when both parties stipulate that such may be done.

History: 49-2-204 and 49-3-106, MCA; IMP, 49-2-201, 49-2-204, 49-2-205, 49-2-502, and 49-2-505, MCA; NEW, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

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