(1) Following entry of a hearing officer decision that resolves the complaint, pursuant to 49-2-505, MCA, parties shall have the opportunity to file an appeal, present briefs, and present oral argument to the commission as provided in this rule.

(2) A party that wants to appeal shall provide notice of appeal to the commission and all parties within 14 days of the issuance of the notice of the hearing officer decision. All appellants shall submit an original (or original copy) and six copies of all submissions for the record unless otherwise directed by the commission.

(3) All briefing must conform to the commission's formatting requirements set forth in ARM 24.9.111. A brief on appeal of a hearing officer decision may not exceed 20 pages in length.

(4) The commission may reject or modify the conclusions of law and interpretations of administrative rules in the hearing officer decision but may not reject or modify the findings of fact unless the commission first reviews the complete record and states with particularity in the order that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law.

(a) A party asserting that a finding of fact is clearly erroneous must identify the specific finding that is in error and then cite to the portion or portions of the record that support the party's assertion that the finding is erroneous.

(b) A party asserting that a damage award is clearly erroneous must point out the findings that are in error and then cite to the portion or portions of the record that support a different calculation of the damages. If a party is asserting an alternative amount for monetary relief, the proposed amount and its method of computation must be set out in the supporting brief and supported by citations to the record. The commission may deny an appeal on the issue of damages if a party fails to specify the amount of damages sought or if a party fails to support that amount with references to the record.

(c) The commission may grant all relief permitted by 49-2-506, MCA, including full affirmative relief.

(5) Unless all parties stipulate otherwise, a party filing an appeal requiring commission review of the complete record must file six copies of all contested case prehearing submissions, hearing exhibits, a transcript of the hearing, all posthearing submissions, and the hearing officer decision. A party filing an appeal not requiring commission review of the complete record must file six copies of all portions of the contested case record, including the hearing officer decision, required for the commission's review of the appeal.

(6) If an appellant does not intend to file a transcript of the hearing, the appellant must file and serve a supporting brief and the portions of the record required for commission review of the appeal within 20 days of service of the appealing party's notice of appeal. Any opposing party must file and serve an answer brief within ten days of service of the brief supporting the appeal. The appellant must file and serve any reply brief within ten days of service of the answer brief.

(7) If an appellant intends for the commission to review a transcript, and a transcript of the hearing has not been prepared prior to issuance of the hearing officer decision, the appellant must file notice of intent to file a transcript with the notice of appeal stating that commission review of a transcript of the hearing is required.

(a) After the notice of intent to file an appeal is filed, the appellant must arrange for preparation of a transcript of the hearing at his or her own expense. The appellant must file an original and six copies of the transcript with the commission within 40 days of filing the notice of intent to file an appeal.

(b) If more than one party gives notice of intent to file an appeal, all parties filing an appeal which require review of a transcript of the hearing must share equally in the cost of the transcript and copies.

(c) The appellant must file a supporting brief and the record within 20 days of the date of filing the transcript. Any opposing party must file and serve an answer brief within ten days of service of the supporting brief. The appellant must file and serve any reply brief within ten days of service of the answer brief.

(8) Except upon stipulation of all parties, a transcript shall be prepared by an impartial person with no affiliation to any party and with no interest in the outcome of the contested case. A transcript shall be a verbatim and complete account of all proceedings on the record of the hearing and shall be in the form commonly accepted by the courts of record of this state. The preparer of a transcript shall certify that the transcript is a complete and accurate account of the stenographic or electronic recording of the hearing and that the preparer has no affiliation with any party and has no interest in the outcome of the contested case.

(9) If an appellant fails to file a brief in support of the appeal within the time provided by this rule, or within any extension of time granted, any opposing party may move to strike the appeal. If an opposing party fails to file a brief in opposition to appeal within the time provided by this rule, or within any extension of time granted, that party will not be heard at oral argument except by permission or at the request of the commission.

(10) When a party has timely filed an appeal of a hearing officer decision and has timely filed a supporting brief, the commission will fix a date, not later than 120 days from the notice of appeal, to provide the parties an opportunity to present oral argument to the commission. Each party is allowed a total of one-half hour of argument before the commission, including cross-appeals. Oral argument may be waived by the parties, except where it is requested by the commission.

(11) A member of the commission may consider procedural motions and enter procedural orders as necessary for commission review.

(12) A member of the commission may conduct a prehearing conference prior to the commission's consideration of the appeal.

(13) The commission shall render a decision which affirms, rejects, modifies, and/or remands the hearing officer decision within 90 days of the hearing of the appeal. The final decision of the commission is the final agency decision.