36.12.223 HEARING PROCEDURE
(1) Unless the hearing examiner determines otherwise a contested case hearing shall be conducted substantially in the following manner:
(a) The hearing examiner shall open the hearing and provide a statement that explains or identifies:
(i) the subject matter of the hearing and issues presented;
(ii) the procedures to be followed at hearing including the sequence for presenting evidence and argument;
(iii) any exhibits or evidence entered into the record by stipulation of the parties;
(iv) the burden of proof for each party;
(v) the hearing is the time and place for each party to present argument, evidence, and cross-examine witnesses;
(vi) the common law and statutory rules of evidence do not apply;
(vii) the hearing examiner's discretion to make determinations regarding admissibility of evidence; and
(viii) such other matters as the hearing examiner considers appropriate.
(2) Each party shall be provided the opportunity to make an opening statement.
(3) Each party shall be provided the opportunity to present evidence and examine witnesses in a sequence determined by the hearing examiner.
(4) Each party shall be provided the opportunity to cross-examine witnesses in a sequence determined by the hearing examiner.
(5) Each party shall be given the opportunity to present final argument in a sequence and form determined by the hearing examiner. Such final argument may be in the form of written memoranda or oral argument, or both.
(6) After final argument, the hearing shall be closed or continued. If the hearing is continued, the hearing examiner shall make an oral statement providing:
(a) the contested case hearing will be continued to a certain time and day; or
(b) the contested case hearing will be continued to a date to be determined later by written order.
(7) The hearing examiner may require submission of proposed findings of fact and/or post-hearing briefs at the close of testimony in the hearing. The proposed findings and briefs may be submitted simultaneously or sequentially and within such time periods as the hearing examiner may prescribe.
(8) The record of the contested case proceeding shall be closed upon receipt of the final written memorandum, transcript, if any, or late filed exhibits that the parties and the hearing examiner have agreed should be received into the record, whichever occurs latest.
History: 2-4-201, 85-2-113, MCA; IMP, 2-4-611, 2-4-612, MCA; NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94; AMD, 2014 MAR p. 2956, Eff. 12/12/14.