(1) An agency may appoint a hearing examiner to conduct a hearing in a contested case.

(2) A hearing examiner appointed under this part may:

(a) administer oaths or affirmations;

(b) issue subpoenas;

(c) provide for the taking of testimony and depositions;

(d) set the time and place for hearing;

(e) set motion and briefing schedules; and

(f) by mutual consent of the parties, hold conferences to consider narrowing or simplifying the issues.

(3) If a defending party notifies the agency that the party will appear at the hearing to contest the intended action, the agency must advise all parties of the appointment of either an agency member or a hearing examiner to manage the case, as illustrated by sample form 218a.

(4) Pursuant to 2-4-611(4), MCA, an agency may disqualify a hearing examiner if the agency determines personal bias, lack of independence, disqualification by law, or other disqualification criteria exist. A motion to disqualify filed by a party must be supported by affidavit.

Sample Form 218a: Order Appointing a Hearing Examiner 

BEFORE THE [agency] OF THE STATE OF MONTANA

 

In the matter of [same as                                           )      APPOINTMENT OF HEARING

original notice]                                                            )      EXAMINER

                                                                                     )

 

          TO: All Interested Persons

 

          On [date], a notice of hearing for [for example: revocation of insurance producer's license] was served on [name]. On [date], the agency received written notice that [name] will appear at the hearing to contest the intended agency action. [Name] is appointed the hearing examiner in the above action. All correspondence and motions in the above matter should be directed to the hearing examiner at [address].

 

          The [agency] will make reasonable accommodations for persons with disabilities who wish to participate in this process and need an alternative accessible format of this notice. If you require an accommodation, contact [agency] no later than 5:00 p.m. on [date - no requirement specified in MAPA], to advise us of the nature of the accommodation needed. Please contact [name, address, telephone, TTD number, fax, e-mail].

 

          Dated this _________ day of ___________________, 20___.

 

 

                                                                                              (must be signed by:)

                                                                                      By    [authorized person's signature]