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36.12.226    THE RECORD

(1) The hearing examiner shall maintain the official record in each contested case until the issuance of the final order.

(2) The record in a contested case shall contain:

(a) all pleading, motions and intermediate rulings;

(b) all evidence received or considered, including a verbatim record of oral proceedings;

(c) a statement of matters officially noticed;

(d) questions and offers of proof, objections and rulings thereon;

(e) proposed findings and exceptions;

(f) any decision, opinion or report by the hearing examiner; and

(g) the department file and all staff memoranda or data submitted to the hearing examiner as evidence in connection with the case. (Note substantially the same as MCA 2-4-614 .)

History: Sec. 2-4-201(2) and 85-2-113(2), MCA; IMP, Sec. 2-4-614, MCA; NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94.

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