42.12.108    HEARING PROCEDURE

(1) When it is determined that a hearing is necessary, the matter will be forwarded to the department's office of dispute resolution where the time, date, and place for the hearing will be determined. The date and time of the hearing shall be during regular business hours. The place of the hearing shall be in:

(a) Helena, if other than a public convenience and necessity hearing or a resort determination hearing;

(b) the community nearest the location of the applicant's proposed premises if it is a public convenience and necessity hearing or a resort determination hearing; or

(c) Helena for a telephonic hearing, when agreed to by all the parties to the hearing.  The hearing will be initiated from Helena by the hearing examiner through a conference call to the telephone numbers provided by the parties.

(2) Prior to a hearing date, the office of dispute resolution shall issue a written notice of the date, time, and place of the hearing.  At that time, a copy of the notice shall be provided to all interested parties.

History: Sec. 16-1-303, MCA; IMP, Sec. 16-4-105, 16-4-203, 16-4-207, and 16-4-404, MCA; NEW, 1992 MAR p. 1244, Eff. 6/12/92; AMD, 1998 MAR p. 2088, Eff. 7/31/98; AMD, 2001 MAR p. 449, Eff. 3/23/01; AMD, 2003 MAR p. 21, Eff. 1/17/03.