Rule 36.12.228 - THE DECISION(1) The hearing record shall be the basis for the decision. (a) No factual information or evidence which is not a part of the record shall be considered by the hearing examiner in the preparation of the decision.(b) The hearing examiner may take official notice of judicially cognizable facts and generally recognized technical or scientific facts within the department's specialized knowledge, in conformance with the requirements of MCA § 2-4-612(6).(2) Following the close of the record, the hearing examiner shall make a decision pursuant to MCA § 2-4-621, and upon completion a copy of the decision shall be served upon all parties by personal service, by first class mail or by depositing it with the mail and distribution section, general services DIVISION, department of administration.Mont. Admin. r. 36.12.228
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. 2-4-612, 2-4-621, and 2-4-623, MCA;