(1) The Department of Labor and Industry has adopted the model rules proposed by the attorney general by reference to such rules as stated in ARM 1.3.211 through ARM 1.3.233 with the following exceptions:

(a) Model rule 25(1) (a) (ARM 1.3.230(1) (a) ) general provisions, subpoenas, is amended to read as follows:

"(i) Upon request of any party appearing, the agency shall issue subpoenas for witnesses or subpoenas duces tecum. Except as otherwise provided by statute, rule or regulation, witness fees and mileage shall be paid by the party requesting the issuance of the subpoena.

(ii) A party may request from the agency an order that the testimony of a material witness be taken by deposition. Fees and mileage are to be paid as determined by applicable statutes, rules or regulations."

(b) Model rule 19 (ARM 1.3.223) , contested cases, proposed orders, is amended to read as follows:

"If a majority of the officials of an agency who are to render the final order were not present at the hearing of a contested case or have not read the record, a proposed order, if adverse to a party to the proceeding other than the agency, including findings of fact and conclusions of law, shall be served upon the parties. An opportunity to file exceptions, present briefs and make oral argument to the officials who are to render the decision shall be granted to all parties adversely affected. If no appeal is taken within the time allotted by law, the decision of the hearing examiner shall be final."

(2) (a) The reason for the amendment to model rule 25 is that in instances involving claimants for unemployment insurance benefits, the U.S. Department of Labor allows the department to pay witness fees.

(b) The reason for the amendment to model rule 19 is to allow the decision of the appointed hearing examiner to be the final order.

(3) Various programs administered by the department have special procedural rules required or permitted by the underlying legislation. In those programs which have special procedural rules that conflict with the model rules, the special procedural rules of the program supersede the general procedural rules of the department. Entities which are attached to the department for administrative purposes only adopt rules separately and are not bound by these general procedural rules.

This rule has been repealed.

(1) Participation of the public is to be provided for, encouraged, and assisted with to the fullest extent practicable, consistent with other requirements of state law, and the rights and requirements of personal privacy. The department invites and encourages public participation to better identify and meet customer needs. The major objectives of public participation include:

(a) greater responsiveness of governmental actions to public concerns and priorities; and

(b) improved public understanding of official programs and actions.

(2) The public is also advised that in accordance with 2-3-103, MCA, an opportunity for public comment on any public matter not on the agenda of the department's public meetings and that is within the department's jurisdiction is given. No action will be taken on these matters until proper notice has been given under the provisions of Montana law.

(3) Department employees shall make decisions based on what is best for the customer, both internal and external, within the parameters of applicable laws and administrative rules.

(1) The adoption, amendment, or repeal of any rule, regulation, standard, or statement of general applicability that implements, interprets, or prescribes law, or policy, procedure, or practice requirements of the department are considered matters of significant interest to the public and require notice and opportunity for public participation in the decision-making process. 

(2) In all other cases, whether or not the decision is one of significant interest to the public will be determined by the person within the department who is proposing the decision, according to the following considerations: 

(a) whether the decision regards a controversial matter;

(b) the number of persons who will be affected by the decision;

(c) the fiscal impact the decision will have; or

(d) whether a high level of public interest has been witnessed by the department.

(1) If the department determines that significant interest to the public is involved, one or more of the following steps, as applicable, shall be taken to assist public participation in decision-making: 

(a) a proceeding or hearing shall be held in compliance with the provisions of the Montana Administrative Procedure Act, Title 2, chapter, 4, MCA; 

(b) a public hearing, after appropriate notice is given, shall be held pursuant to any other provision, state law, local ordinance, or regulation;

(c) a news release, legal advertisement, or other method of publication shall be given to news media within the area to be affected, including:

(i) department name;

(ii) name of department representative most familiar with the proposed action; and

(iii) address, e-mail address, telephone and fax numbers where interested persons may submit their data, views, or arguments, orally or in writing, concerning the proposed action.