(1) Following entry of a proposed order in a contested case and prior to consideration of that order by the commission, parties adversely affected by the proposed order shall have the opportunity to file exceptions, present briefs and present oral argument as provided in this rule.

(a) Once a proposed order is entered in a contested case, all parties shall thereafter submit an original or original copy and six copies of all submissions for the record unless otherwise directed by the commission. The department may reject and return any submission which does not include the required number of copies.

(2) Pursuant to 2-4-621 (3) , MCA, the commission in its final order may reject or modify the conclusions of law and interpretations of administrative rules in the proposed order but may not reject or modify the findings of fact unless the commission first reviews the complete record. The commission may accept or reduce any recommended award or penalty but may not increase it without reviewing the complete record.

(a) Unless all parties stipulate otherwise, a party filing exceptions 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 proposed order.

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

(3) If a party making exceptions does not intend to file a transcript of the hearing, the party must file and serve the exceptions, a supporting brief and the portions of the record required for commission review of the exceptions within 20 days of service of the proposed order. Any opposing party must file and serve an answer brief within ten days of service of the exceptions and supporting brief. The party making exceptions must file and serve any reply brief within ten days of service of the answer brief.

(4) If a party making exceptions intends for the commission to review a transcript of the hearing and:

(a) a transcript of the hearing has been prepared and filed with the commission prior to issuance of the proposed order, the party must file and serve the exceptions, a supporting brief and the record within 20 days of service of the proposed order. Any opposing party must file and serve an answer brief within ten days of service of the exceptions and supporting brief. The party making exceptions must file and serve any reply brief within ten days of service of the answer brief.

(b) a transcript of the hearing has not been prepared and filed prior to issuance of the proposed order,

(i) within 20 days of service of the proposed order, a party making exceptions must file a notice of intent to file exceptions stating that commission review of a transcript of the hearing is required.

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

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

(iv) A party making exceptions must file the exceptions, 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 exceptions and supporting brief. The party making exceptions 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 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 case.

(7) Where no party files exceptions to a proposed order within the time permitted by this rule, commission review shall be upon the proposed order under the provisions of 2-4-621 (3) , MCA.

(8) If a party making exceptions fails to file a brief in support of exceptions within the time provided by this rule, or within any extension of time granted, any opposing party may move to strike the exceptions. If an opposing party fails to file a brief in opposition to exceptions 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 of the commission.

(9) When a party has timely filed exceptions to a proposed order and has timely filed a supporting brief, the commission will fix a date 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.

(10) 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.

(11) The commission may appoint a member of the commission or hearing examiner for the purpose of conducting a prehearing conference prior to commission consideration of exceptions.