1. (1) Costs in bringing the administrative action as used in 32-9-133, MCA, include:

   1. (a) administrative law judge charges;
   2. (b) court reporter fees;
   3. (c) transcription cost as provided under 2-4-614, MCA;
   4. (d) exhibit preparation cost if the exhibit was admitted into evidence at the hearing;
   5. (e) deposition cost if the deposition was used at the hearing;
   6. (f) fees, if any, for service of subpoenas;
   7. (g) witness fees and mileage for the department's lay/fact witnesses; and
   8. (h) mileage for the department's expert witness if the expert appears personally and testifies at the hearing.
2. (2) Nothing in this rule limits the department's authority under 32-9-130, MCA, to charge for a special examination performed before a department decision to initiate a contested case under the Montana Administrative Procedure Act and upon which the decision is based in whole or in part. The manner of calculating the charge for a special examination is the same as for a regularly scheduled compliance examination under 32-9-130(7), MCA.

Authorizing statute(s): 32-9-130, MCA

Implementing statute(s): 32-9-133, MCA

History: NEW, 2008 MAR p. 2034, Eff. 9/26/08; AMD, 2015 MAR p. 923, Eff. 7/17/15.