23.13.716    CONTESTED CASES, EX PARTE COMMUNICATIONS

(1) Except as provided in (4), pursuant to 2-4-613, MCA, ex parte communication by a party or a party's agent with the hearing examiner, the council, any individual member of the council, or any person authorized to participate in the decision of the contested case, is expressly prohibited unless otherwise authorized by law.

(2) An unauthorized ex parte communication may be treated as a default and may constitute a waiver of the party's rights to proceed.

(3) If an ex parte contact occurs, the person receiving the communication must state on the record the nature and content of the communication and a summary of its contents. The presiding officer or hearing examiner may, in the exercise of discretion, make any order that is appropriate.

(4) The following council members may have ex parte contact:

(a) current members of the Case Status Committee; and

(b) former members of the Case Status Committee who participated in decision-making concerning the contested case; and

(c) any council member who is a material witness in the contested case. If a council member acts as a material witness, that member may not participate in the council's deliberation or decision in the contested case.

 

History: 2-4-201, 2-15-2029, MCA; IMP, 2-4-201, 2-4-202, 2-4-613, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2024 MAR p. 607, Eff. 3/23/24.