Rule 36.12.225 - SITE VISIT(1) Upon the hearing examiner's motion or upon the motion of any party, a site visit to the lands involved in the proceeding may be made at any time during the proceeding. The hearing examiner may enter upon lands to view proposed works, sources of water, location of proposed uses, construction of works and such other views that are deemed relevant by the hearing examiner to gain a proper understanding of the issues involved in the proceeding. Before making any site visit, the hearing examiner shall give the parties at least 5 days written notice to participate, unless the motion is made during a hearing and then oral notice on the record shall be sufficient. During the final decision-making process, the final decision-makers may, upon their own motion or upon the motion of any party, make a site visit of the lands involved in the proceeding provided that the parties are given written notice as stated above.Mont. Admin. r. 36.12.225
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. 85-2-115, MCA;