42.2.620    INFORMATION OFFERED IN HEARINGS

(1) The hearing examiner shall have the discretion to adopt and apply rules of civil procedure and/or rules of evidence as deemed necessary.

(2) Every party at a hearing shall have the right to introduce evidence. The evidence may be oral or written, real or demonstrative, direct or circumstantial.

(3) At the discretion of the hearing examiner, or upon stipulation of the parties, the parties may be required to reduce their testimony to writing and to prefile the testimony.

(4) Prefiled testimony may be placed in the record without being read into the record at a hearing if the opposing parties have had reasonable access to the testimony before it is presented.

(5) If a party intends to question a witness on prefiled testimony, that party must file a notice of intent to do so within a time frame agreed upon by the parties with consideration for affording the opposing party an opportunity to cross-examine.

(6) The hearing examiner shall rule on matters concerning the evidentiary and procedural conduct of the hearing.

(7) Any party appearing at a hearing may submit a written statement addressing factual or legal issues, including citations of legal authority, if deemed necessary by the hearing examiner for a full and informed consideration of all matters.

(8) Liquor matters are conducted pursuant to the Montana Administrative Procedure Act and are not subject to this rule.

History: 15-1-201, 15-1-211, MCA; IMP, 15-1-211, MCA; NEW, 1999 MAR p. 2900, Eff. 12/17/99; AMD, 2016 MAR p. 1072, Eff. 6/18/16.