2.59.320    DEPARTMENT COSTS IN BRINGING AN ADMINISTRATIVE ACTION

(1) The department's "costs in bringing an administrative action" as used in 32-5-207, MCA, for which reimbursement may be ordered by the department are:

(a) administrative law judge charges;

(b) court reporter fees;

(c) exhibit preparation costs if the exhibit was admitted into evidence at the hearing;

(d) the cost of a deposition if the deposition was used at the hearing;

(e) fees, if any, for service of subpoenas;

(f) transcription cost as provided in 2-4-614, MCA;

(g) witness fees and mileage for the department's lay/fact witnesses; and

(h) mileage for the department's expert witness if the expert appears personally and testifies at the hearing. 

History: 2-4-104, 2-18-503, 25-10-201, 26-2-501, 32-5-207, 32-5-401, MCA; IMP, 32-5-207, MCA; NEW, 2015 MAR p. 2246, Eff. 12/25/15.