24.8.701    JURISDICTION TO CONSIDER JURISDICTION

(1) The Office of Administrative Hearings shall, at all times, have jurisdiction to determine the jurisdiction of the department over any particular contested case. In such situations the rules of procedure of the Office of Administrative Hearings shall apply, and questions of jurisdiction may be resolved by rulings and orders based upon the pleadings or after a hearing, as required to suit the circumstances of the case.

History: 49-2-204, 49-3-106, MCA; IMP, 49-2-505, 49-3-315, MCA; NEW, 2008 MAR p. 2636, Eff. 12/25/08.