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24.9.231    NOTICE OF CERTIFICATION FOR HEARING

(1) Notice that a case has been certified for hearing shall include:

(a) A statement indicating that the case has been certified for hearing;

(b) A statement indicating that the hearing examiner will set a time and place for hearing, and that the hearing will be held in the county where the discriminatory practice is alleged to have occurred, unless the respondent, the department or the commission requests a change of venue for good cause;

(c) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(d) A reference to the particular sections of the statutes and rules involved;

(e) A statement that a formal proceeding may be waived pursuant to 2-4-603 , MCA;

(f) A statement advising the parties of their right to be represented by counsel at hearing;

(g) A statement that a hearing examiner has been appointed to conduct the hearing, if applicable.

(2) The department shall notify the parties of the certification for hearing.

(3) Notice that a complaint has been certified for hearing and the copy of the complaint shall be served on all parties in the manner provided in Rule 4D of the Montana Rules of Civil Procedure, Title 25, chapter 20, MCA.

History: 49-2-204 and 49-3-106, MCA; IMP, 49-2-505, 49-3-308, and 49-3-312, MCA; NEW, Eff. 1/21/77; AMD, 1982 MAR p. 1395, Eff. 7/16/82; AMD, 1987 MAR p. 1088, Eff. 7/17/87; AMD, 1995 MAR p. 2264, Eff. 10/27/95; AMD, 1998 MAR p. 3201, Eff. 12/4/98.

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