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1.3.219    MODEL RULE 15 CONTESTED CASES, HEARING

(1) The hearing shall be conducted before the decision-making authority of the agency or a hearing officer designated in accordance with Model Rule 14.

(2) At the discretion of the presiding officer, the hearing may be conducted in the following order:

(a) statement and evidence of agency in support of its action;

(b) statement and evidence of affected parties supporting agency action;

(c) statement and evidence of affected parties disputing agency action; and

(d) rebuttal testimony.

(3) The hearing may be continued with recesses as determined by the presiding officer.   2-4-611, MCA.

(4) The hearing shall proceed in compliance with 2-4-612(1) , (4) and (5) , MCA.

(5) The presiding officer must ensure that all parties are afforded the opportunity to respond and present evidence and argument on all issues involved.   2-4-612(1) , MCA.

(6) Exhibits shall be marked and the markings shall identify the person offering the exhibits.  The exhibits shall be preserved by the agency as part of the record of the proceedings.

History: 2-4-202, MCA; IMP, 2-4-202, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1232, Eff. 10/12/79; AMD, 1992 MAR p. 1242, Eff. 6/12/92.

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