Current through Register Vol. 18, September 20, 2024
(1) A party may request review of the hearing
officer's recommended order by filing exceptions with the board within 20 days
of service of the hearing officer's recommended order. Any exception must
include all the party's specific exceptions and reasons for the exceptions. The
exceptions serve as the party's opening brief. A party requesting review of the
transcript must so state in the party's objection.
(a) If review of the transcript is not
requested, briefs shall be due as follows:
(i) A party who wishes to file a response
brief to an opposing party's exceptions must file and serve the response brief
within 34 days of service of the hearing officer's recommended order.
(ii) A party who wishes to file a reply brief
to an opposing party's response brief must file and serve the reply brief
within 14 days of service of the response brief.
(b) If one or both parties request review of
the transcripts, the requesting party shall file an original and an electronic
version of the transcript with the board within 28 days service of the hearing
officer's recommended order, and briefs shall be due as follows:
(i) A party who wishes to file a response
brief to an opposing party's exceptions must file and serve the response brief
within 14 days of the board's receipt of the transcript.
(ii) A party who wishes to file a reply brief
to an opposing party's response brief must file and serve the reply brief
within 14 days of service of the response brief.
(2) The following requirements
apply to the preparation of the transcript:
(a) A transcript must be prepared by an
impartial person with no affiliation to any party and with no interest in the
outcome of the contested case. A transcript must be a verbatim and complete
account of all proceedings on the record of the hearing and must be in the form
commonly accepted by the courts of record of this state. The preparer of a
transcript shall certify that the transcript is a complete and accurate account
of the stenographic or electronic recording of the hearing and that the
preparer has no affiliation with any party and has no interest in the outcome
of the contested case.
(b)
Preparation of the transcript is the responsibility of the party requesting
review of the transcript. If more than one party requests review of the
transcript, all parties requesting the review shall share equally in the cost
of the transcript and copies. (3) A brief and any exhibits must comply with the
formatting standards in ARM 24.26.242 and 24.26.244. A brief may not exceed 20
pages in length.
(4) The
board's review of the hearing officer's recommended order shall be confined to
the complete record. The complete record for the purposes of this rule is
comprised of all documents cited or referred to in the briefing before the
board. If a party intends to challenge any finding of fact of the hearing
officer, the complete record additionally includes the transcript of the
hearing.
(a) The party citing or referring to
a document in its briefing is required to attach as an exhibit to its brief the
entirety of such document. If a party fails to attach required documents to its
briefing, the board may deny the appeal.
(b) Documents which may be included in the
complete record are those enumerated at
2-4-614,
MCA. Failure of a party to submit documents enumerated in that statute
constitutes a stipulation by that party that the board need not review those
documents.
(c) Exhibits not
admitted at hearing may not be attached to briefs on appeal, unless the failure
to admit such exhibit is a reason for appeal. On timely motion by any party,
any exhibit improperly attached may be stricken from the appeal.
(5) Exceptions will be considered
at the next board meeting after conclusion of the briefing schedule.
(6) Each objecting party will be granted 20
minutes for oral argument before the board. Each objecting party may reserve a
portion of the 20 minutes for rebuttal. Oral argument may be waived by the
parties, except where it is requested by the board. The board may allow
additional time for oral argument upon request of an objecting party.
(7) The board shall review the
recommended order to determine if the recommended order's findings of fact are
supported by competent substantial evidence and whether the conclusions of law
are correct.
(8) The board shall
issue a written decision which affirms, rejects, modifies, or remands the
hearing officer decision as follows:
(a) For
a matter arising under ARM Title 24, chapter 26, subchapter 10, the written
decision shall be issued within 14 days of the hearing of the appeal.
(b) For a ULP complaint arising
under ARM Title 24, chapter 26, subchapter 12, the written decision shall be
issued within five months of the hearing on the appeal.
(c) For all other matters, the written
decision shall be issued within 90 days of the hearing of the appeal.
(9) The final decision
of the board is a final agency decision.
AUTH:
39-31-104,
39-32-103, MCA
IMP:
2-18-1011,
2-18-1012,
39-31-406,
39-32-112,
39-32-113,
MCA
