Rule 36.12.213 - MOTIONS TO HEARING EXAMINER(1) Any application to the hearing examiner for an order shall be by motion which, unless made during a hearing, shall be made in writing, shall state with particularity the grounds therefore, and shall set forth the relief or order sought. Written motions or responses to motions shall first be served on all parties, and then filed with the hearing examiner with a certificate of service attached. A written motion shall give notice to other parties that should they wish to contest the motion they must file a written response with the hearing examiner (after first serving all parties), and that the written response, with a certificate of service attached, must be filed within 10 days after service of the motion. Requests for disqualification of a hearing examiner, prehearing conferences, and subpoenas are not governed by the requirements of this rule. The hearing examiner may require a hearing or telephone conference call before issuing an order on the motion. All orders on such motions, other than those made during the course of the hearing, shall be in writing, and shall be served upon all parties of record. In ruling on motions where these rules are silent, the hearing examiner shall apply the Montana Rules of Civil Procedure to the extent the hearing examiner determines is appropriate to do so in order to promote a fair and expeditious proceeding.Mont. Admin. r. 36.12.213
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. 2-4-611, MCA;