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(1) It is the duty of the hearing examiner to conduct a fair and impartial hearing and to maintain order. All parties to the hearing, their counsel and any other persons present shall conduct themselves in a respectful manner. Any disregard by parties or their attorneys of the rulings of the hearing examiner on matters of order and procedure may be noted on the record. If the applicant is responsible for disrespectful, disruptive, or disorderly conduct which interferes with the proper and orderly holding of the hearing, the hearing examiner may recess or continue the hearing. If a party or person other than the applicant is disrespectful, disorderly or disruptive, the hearing examiner may bar that party or person from the proceeding and may strike all evidence presented by that party or person if the applicant's case is not prejudiced by the absence of the offending party or person. Before taking action under this rule, the hearing examiner shall first read this rule to those parties or attorneys causing such interference or disruption.

History: Sec. 2-4-201(2) and 85-2-113(2), MCA; IMP, Sec. 2-4-611, MCA; NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94.

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