Rule 36.12.210 - CONSOLIDATION(1) Whenever it is determined, either on the hearing examiner's motion or upon motion by any party, that two or more contested cases present substantially the same issues of fact or law, that a holding in one case would affect the rights of parties in another case, and that consolidation would not substantially prejudice any party, the hearing examiner may order such cases consolidated for a single hearing on the merits. In every case, all objections to a single application shall be consolidated without requirement of order. Applications by the same applicant may be consolidated without requirement of an order.(2) Following an order for consolidation, the hearing examiner shall serve on all parties a copy of the order for consolidation. The order shall contain, among other things: (a) a description of the cases for consolidation;(b) the reasons for consolidation;(c) notification of a consolidated prehearing conference if one has been requested.(3)(a) Any party may object to consolidation by filing, at least 10 days prior to the hearing in the case, a motion for severance from consolidation, setting forth the party's name and address, the title of the case prior to consolidation, and the reasons for that party's motion.(b) If the hearing examiner finds that consolidation would prejudice the party, the hearing examiner may, without hearing, order such severance or other relief as the hearing examiner deems necessary.Mont. Admin. r. 36.12.210
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, Sec. 85-2-309, MCA;