1.3.223    CONTESTED CASES, PROPOSED ORDERS

(1) If a majority of the officials of the agency who are to render the final decision have not heard the case, a decision that is adverse to a party (other than the agency itself) may not be made until a proposed decision is served upon the parties and the parties are given an opportunity to file exceptions and briefs, and present oral argument to the officials responsible for making a final decision.

(2) All parties should be informed of any appeal or review procedures provided by the agency.

(3) The parties may waive compliance with this rule by written stipulation.

(4) The agency may adopt the proposed decision as the agency's final order.

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. 1233, Eff. 10/12/79; AMD, 1981 MAR p. 1196, Eff. 10/16/81; AMD, 2008 MAR p. 1700, Eff. 8/15/08.