(1) Following entry of a final order after a contested case hearing, pursuant to 49-2-505 , MCA, parties shall have the opportunity to file an appeal, present briefs and present oral argument to the commission as provided in this rule.

(a) Once a final order is entered in a contested case, a party that wants to appeal shall provide notice of appeal to the commission, the department, and all parties within ten business days of its receipt of the final order. All appellants shall submit an original (or original copy) and six copies of all submissions for the record unless otherwise directed by the commission.

(2) The commission may reject or modify the conclusions of law and interpretations of administrative rules in the final order but may not reject or modify the findings of fact unless the commission first reviews the complete record and states with particularity in the order that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. The commission may accept or reduce any award or penalty but may not increase it without reviewing the complete record.

(a) Unless all parties stipulate otherwise, a party filing an appeal requiring commission review of the complete record, must file six copies of all contested case pre-hearing submissions, hearing exhibits, a transcript of the hearing, all post-hearing submissions and the final order.

(b) A party filing an appeal not requiring commission review of the complete record must file six copies of all portions of the contested case record, including the final order, required for the commission's review of the appeal.

(3) If an appellant does not intend to file a transcript of the hearing (or if the appellant intends for the commission to review a transcript and a transcript has been prepared and filed with the commission prior to issuance of the final order) , the appellant must file and serve the appeal, a supporting brief and the portions of the record required for commission review of the appeal within 20 days of service of the final order. Any opposing party must file and serve an answer brief within ten days of service of the appeal and supporting brief. The appellant must file and serve any reply brief within ten days of service of the answer brief.

(4) If an appellant intends for the commission to review a transcript, and a transcript of the hearing has not been prepared and filed prior to issuance of the final order, the appellant must file a notice of intent to file an appeal stating that commission review of a transcript of the hearing is required.

(a) After the notice of intent to file an appeal is filed, the appellant must arrange for preparation of a transcript of the hearing at his or her own expense. The appellant must file an original and six copies of the transcript with the commission within 40 days of filing the notice of intent to file an appeal.

(b) If more than one party gives notice of intent to file an appeal, all parties filing an appeal which require review of a transcript of the hearing must share equally in the cost of the transcript and copies.

(c) The appellant must file the appeal, a supporting brief and the record within 20 days of the date of filing the transcript. Any opposing party must file and serve an answer brief within ten days of service of the appeal and supporting brief. The appellant must file and serve any reply brief within ten days of service of the answer brief.

(5) No enlargement of time will be allowed for compliance with any of the requirements of this rule except on a showing of good cause.

(6) Except upon stipulation of all parties, a transcript shall be prepared by an impartial person with no affiliation to any party and with no interest in the outcome of the contested case. A transcript shall be a verbatim and complete account of all proceedings on the record of the hearing and shall be in the form commonly accepted by the courts of record of this state. The preparer of a transcript shall certify that the transcript is a complete and accurate account of the stenographic or electronic recording of the hearing and that the preparer has no affiliation with any party and has no interest in the outcome of the contested case.

(7) If an appellant fails to file a brief in support of the appeal within the time provided by this rule, or within any extension of time granted, any opposing party may move to strike the appeal. If an opposing party fails to file a brief in opposition to appeal within the time provided by this rule, or within any extension of time granted, that party will not be heard at oral argument except by permission or at the request of the commission.

(8) When a party has timely filed an appeal of a final order and has timely filed a supporting brief, the commission will fix a date, not later than 120 days from the notice of appeal, to provide the parties an opportunity to present oral argument to the commission. Each party is allowed one-half hour of argument before the commission. Oral argument may be waived by the parties, except where it is requested by the commission.

(9) The chair of the commission, his or her designee, or a hearing examiner appointed by the commission may consider procedural motions and enter procedural orders as necessary for commission review.

(10) The commission may appoint a member of the commission for the purpose of conducting a prehearing conference prior to commission consideration of the appeal.