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36.12.226    THE RECORD

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

(a) a complete copy of the application file;

(b) all pleadings, motions, intermediate rulings, and orders;

(c) all evidence received or considered, including a verbatim record of oral proceedings and pre-filed testimony;

(d) a statement of matters officially noticed;

(e) questions and offers of proof, objections, and rulings;

(f) the department file and all staff memoranda or data submitted to the hearing examiner as evidence in connection with the case; and

(g) the decision or final order by the hearing examiner.

History: 2-4-201, 85-2-113, MCA; IMP, 2-4-614, 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.

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