38.2.4802    ISSUANCE OF PRESIDING OFFICER OR EXAMINER PROPOSED DECISION

(1) A presiding officer or hearing examiner may issue a proposed decision. The decision shall be served on all parties to the proceeding. The proposed order shall contain separately stated findings of fact and conclusions of law.

(2) The commission may adopt a presiding officer's or examiner's proposed decision. If a proposed decision is adopted in its entirety, the commission decision shall so state in the order. Where the only changes between the commission decision and the presiding officer's or examiner's decision are those to correct grammar or typographical errors, the commission order or decision shall so state in the order.

(3) The commission may issue a decision which makes reference to the proposed decision and indicates disagreements with the presiding officer or examiner, and the commission may make further or modified findings and conclusions based on the record.

(4) If all parties stipulate and the commission does not disapprove of said stipulation, then a prepared order or decision may be considered a final order or decision of the commission.

History: 69-1-110(3), 69-2-101, 69-3-103, 69-12-201(2), MCA; IMP, 69-2-101, MCA; NEW, 1977 MAR p. 1200, Eff. 12/24/77; AMD, 2016 MAR p. 1966, Eff. 10/29/16.