23.13.719    DECISION AND ORDER, STAYS

(1) After completing a contested case proceeding, the hearing examiner shall, within 45 days of the hearing, or completion of post-hearing briefing, issue findings of fact and conclusions of law that would, if adopted by the council, meet the requirements of 2-4-623, MCA.

(2) The council shall receive briefs and hear oral arguments at a regularly scheduled meeting and deliberate pursuant to 2-4-621, MCA. For the period between the submission of the hearing examiner's decision and oral argument before the council, the council chair will appoint general counsel to the council or another individual to act as a special master for purposes of resolving any issue arising before the council hears argument.

(3) Within 15 days after the hearing examiner has issued findings, conclusions, and a proposed decision, the council chair will appoint the special master. Within 21 days after written notice of the appointment of a special master, an adversely affected party may submit exceptions to the hearing examiner's decision. The party filing the exceptions must incorporate a supporting brief in the document stating the exceptions. The opposing party may file a brief in response to the exceptions within 21 days. No reply brief will be received.

(4) Unless a different argument order is set by the special master for good cause, the order of oral argument is as follows:

(a) argument by the aggrieved party;

(b) argument by the opposing party;

(c) final statements or rebuttal by the aggrieved party;

(d) final statements or rebuttal by the opposing party; and

(e) deliberations by the council, which may include questions of the parties by the council.

(5) A minimum of six available council members must be present to issue a decision. If six available council members are not present, the council will reset the oral argument for its next regularly scheduled meeting or set a special meeting to hear argument.

(6) After deliberating, the council will decide, by majority vote, to adopt, reject, or modify the hearing examiner's findings and recommendation. The council will issue a decision and order pursuant to 2-4-623, MCA, and mail a copy of this decision to the respondent or the respondent's legal representative.

(7) If a party has filed exceptions to the decision of the hearing examiner, the contested case is not considered to be submitted for decision under 2-4-623, MCA, until oral arguments are concluded before the council.

(8) If a certificate was denied, revoked or suspended by the director, based upon a majority vote of the Case Status Committee, before the hearing, the certificate will remain denied, revoked or suspended pending the outcome of the contested case proceeding and the respondent must surrender the certificate(s) to the council and forfeit the position, authority, and powers afforded the officer in this state while the contested case proceeds. However, the hearing examiner, before the contested case hearing, or the special master designated in (3), after the hearing, may, upon a properly supported motion that affords POST adequate opportunity to respond, stay the denial, suspension or revocation for good cause shown.

(9)  Case status committee members may not participate in deliberations or any decision of the full council regarding the denial, revocation, or suspension of an officer's POST certification, unless the committee member did not participate in the committee's decisions on the matter and did not participate in committee meetings at which the matter was discussed.

  

History: 2-15-2029, MCA; IMP, 2-15-2029, 44-4-403, MCA; NEW, 2008 MAR p. 1587, Eff. 8/1/08; AMD & TRANS, from 23.13.710, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17; AMD, 2022 MAR p. 1835, Eff. 9/24/22; AMD, 2024 MAR p. 607, Eff. 3/23/24.