Rule 36.12.204 - COMMENCEMENT OF A CONTESTED CASEA contested case is commenced, subsequent to the assignment of a hearing examiner, by the service of a notice of and order for hearing by the director.
(1) The notice and order. A notice of and order for hearing, which shall be a single document, shall be served upon all parties and shall contain, but not be limited to, the following: (a) the time, date, place, and nature of the hearing;(b) name, address and telephone number of the hearing examiner;(c) a statement of the legal authority and jurisdiction under which the hearing is to be held;(d) a reference to the particular sections of the statutes and rules involved;(e) a short and plain statement of the matters asserted; for an application or petition, the matters asserted shall be whether the application or petition meets the statutory requisites. For revocation or modification of a permit, the matters asserted are the grounds for revocation or modification;(f) notification of the right of the parties to be represented by legal counsel or appear on their own behalf;(g) a citation to these procedural rules and to the contested case provisions of MCA Title 2, chapter 4, part 6;(h) a statement that a formal proceeding may be waived pursuant to MCA § 2-4-603;(i) a statement advising parties that if any party fails to appear at the hearing, the party will be in default; and a statement which explains the possible results of a default;(j) a statement advising the parties that communication with the hearings examiner containing obscene, lewd, profane, or abusive language which terrifies, intimidates, threatens, or harasses the hearing examiner will be returned. Any communication returned shall be conclusively presumed to have not been served or filed with the department for purposes of these rules.(2) The notice of and order for hearing shall be served not less than 30 days prior to the hearing unless all parties agree in writing to a shorter notice time period. Provided, however, that a shorter time period may be allowed when the hearing examiner determines, on the basis of the parties' applications and objections to applications, that the parties will not be substantially prejudiced by a shorter time.(3) When a party is represented by an attorney, service upon the attorney shall constitute service upon the party. (Note: § § (1) (a) (c) (d) (1st sentence (e) (h) of this rule are codified at MCA § 2-4-601(2) (a-e).)Mont. Admin. r. 36.12.204
NEW, 1984 MAR p. 697, Eff. 4/27/84; AMD, 1994 MAR p. 307, Eff. 2/11/94.Sec. 2-4-201(2) and 85-2-113(2), MCA; IMP, 2-4-601, MCA;