36.12.204    HEARING NOTICE AND APPOINTMENT OF HEARING EXAMINER

(1) The department shall serve all parties with a hearing notice and appointment of hearing examiner:

(a) within 30 days of issuing a preliminary determination to deny an application pursuant to 85-2-310, MCA; or

(b) within 30 days of the applicant filing a written request for a hearing on a preliminary determination to grant application in modified form pursuant to 85-2-310, MCA; or

(c) within 30 days after determining the validity of objections to application pursuant to 85-2-308 and 85-2-309, MCA.

(2) A hearing notice and appointment of hearing examiner in all contested cases shall include:

(a) a short and plain statement regarding each of the requirements set forth in 2-4-601, MCA;

(b) name, address, and telephone number of the hearing examiner;

(c) notification of the right of the parties to be represented by legal counsel;

(d) notification that the failure of a party to appear at the hearing may result in default against a party; and

(e) a citation to these procedural rules and to the contested case provisions of Title 2, chapter 4, part 6, MCA.

(3) A hearing notice and appointment of hearing examiner involving an objection to application pursuant to 85-2-308 and 85-2-309, MCA, shall include:

(a) a copy of all valid objections; and

(b) the name, address, and telephone number of each objector or the objector's attorney if represented.

(4) A hearing notice and appointment of hearing examiner in a show cause proceeding conducted following a preliminary determination to deny an application or to grant application in modified form pursuant to 85-2-310, MCA, shall include a statement that the proceeding is subject to the informal contested case proceedings provisions of 2-4-604, MCA.

(5) A hearing notice and appointment of hearing examiner shall be served not less than 30 days prior to the hearing unless the parties agree in writing to a shorter notice time period.

(6) Except as required under the circumstances of ARM 36.12.232, no hearing shall be scheduled on a Saturday, Sunday, or legal holiday.

(7) Service of a hearing notice and appointment of hearing examiner constitutes the commencement of a contested case proceeding before the department.

(8) When a party is represented by an attorney, service upon the attorney shall constitute service upon the party.

History: 2-4-201, 85-2-113, MCA; IMP, 2-4-105, 2-4-601, 85-2-308, 85-2-310, MCA; NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94; AMD, 2014 MAR p. 598, Eff. 3/28/14; AMD, 2014 MAR p. 2956, Eff. 12/12/14.