1.3.219    CONTESTED CASES, HEARING

(1) The contested case hearing shall be conducted before the decision making authority of the agency or a hearing officer designated in accordance with ARM 1.3.218.

(2) The presiding officer must ensure that all parties are afforded the opportunity to respond and present evidence and argument on all issues involved.

(3) Absent a determination by the presiding officer that the interests of justice require otherwise, the order of hearing is as follows:

(a) any opening statements requested or allowed by the presiding officer;

(b) presentation of evidence by the party asserting a claim for relief (the challenging party);

(c) cross examination by the opposing party;

(d) presentation of evidence by the opposing party;

(e) cross examination by the challenging party; and

(f) rebuttal testimony.

(4) All testimony must be given under oath or affirmation.

(5) Exhibits must be marked and must identify the person offering the exhibits. The exhibits shall be preserved by the agency as part of the record of the proceedings.

(6) The presiding officer may hear closing arguments, request written argument, or order a schedule for parties to submit proposed findings of fact and conclusions of law.

(7) The presiding officer may grant recesses or continue the hearing.

History: 2-4-202, MCA; IMP, 2-4-202, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1232, Eff. 10/12/79; AMD, 1992 MAR p. 1242, Eff. 6/12/92; AMD, 2008 MAR p. 1700, Eff. 8/15/08.