36.12.235    APPOINTMENT OF STAFF EXPERT

(1) A department staff expert may be appointed to issue a written report/opinion regarding:

(a) the subject matter and issues presented by technical aspects of the application;

(b) valid objections; and/or

(c) evidence in the contested case proceeding.

(2) A copy of any department staff expert report/opinion shall be served on each party at least 14 days before commencement of the contested case hearing.

(3) A party may take the deposition pursuant to ARM 36.12.216 of any department staff expert witness who prepares a report/opinion.

(4) A department staff expert witness who prepares a report/opinion may be called as a witness at the contested case hearing and examined or cross-examined by any party and/or the hearing examiner.

(5) Nothing in this rule shall prevent any of the parties from producing other expert evidence on the same fact or matter to which the staff expert witness appointed by the hearing examiner relates.

History: 2-4-201, 85-2-113, MCA; IMP, 2-4-611, 2-4-612, MCA; NEW, 2014 MAR p. 2956, Eff. 12/12/14.