(1) Either party to a dispute may petition the board to initiate fact finding or, if it is apparent that matters in disagreement might be more readily settled if facts involved were determined and publicly known, the board may initiate fact finding in accordance with section 39-31-308 , MCA.

(2) Within 3 days of receipt of a petition for fact finding, the board shall submit a list of five qualified, disinterested persons to each of the parties to the dispute.

(3) Within 5 days of receipt of the list, the parties shall select a fact finder by having the petitioner strike two names and then the other party strike two names. The remaining name is that of the fact finder.

(4) The parties shall immediately notify the board of the name of the fact finder. The board shall notify the fact finder along with a request to immediately establish dates and places of hearings.

(5) Within 20 days from the date of hearing, the fact finder shall make written findings of fact and recommendations for resolution of the dispute. The findings shall be served on both parties and a copy sent to the board.

(6) The fact finder may request the board to make the report public 5 days after the parties are served with the findings.

(7) 15 days after the parties are served the board shall provide that the report is open to public inspection.

(8) The cost of fact finding proceedings must be equally borne by the board and the parties concerned. The fact finder shall, within 10 working days of the written findings, submit an invoice of the costs and fees to the board which shall send copies of the invoice to both parties on which they will be billed for one-third of the total. The parties shall pay the board within 5 days and the board shall forward the total amount to the fact finder.