HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
This is an obsolete version of the rule. Please click on the rule number to view the current version.

36.12.229    EXCEPTIONS TO THE HEARING EXAMINER'S PROPOSAL FOR DECISION AND THE FINAL DECISION-MAKING PROCESS

(1) Any party adversely affected by the hearing examiner's proposal for decision may file exceptions. Such exceptions shall be filed with the hearing examiner within 20 days after the proposal is served upon the party. A written request for additional time to file exceptions may, in the discretion of the hearing examiner, be granted upon a showing of good cause. Exceptions must specifically set forth the precise portions of the proposed decision to which the exception is taken, the reason for the exception, authorities upon which the party relies, and specific citations to the transcript if one was prepared. Vague assertions as to what the record shows or does not show without citation to the precise portion of the record (e.g., to exhibits or to specific testimony) will be accorded little attention. Any exception that contains obscene, lewd, profane or abusive language shall be returned to the sender.

(a) After the 20-day exception period has expired, the director or the director's designee shall:

(i) adopt the proposal for decision as the final order;

(ii) reject or modify the findings of fact, interpretation of administrative rules, or conclusions of law in the proposal for decision; or

(iii) hold an oral argument hearing if requested, then adopt the proposal for decision as the final order or reject or modify the findings of fact, interpretation of administrative rules, or conclusions of law in the proposal for decision.

(2) The final decision in any contested case hearing shall be rendered in accordance with MCA 2-4-621 to 2-4-623 . Only factual information or evidence which is a part of the contested case hearing record shall be considered in the final decision-making process.

(3) A copy of the final order shall be served upon all parties by personal service, by first class mail, or by depositing it with the mail and distribution section, general services DIVISION, department of administration.

History: Sec. 2-4-201(2) and 85-2-113(2), MCA; IMP, Sec. 2-4-621, 2-4-622, and 2-4-623, MCA; NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security