Admin. R. Mont. 2.59.320 – Department Costs in Bringing an Administrative Action | Midpage

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Administrative Rules of Montana

Subchapter 2.59.3

Rule 2.59.320

Admin. R. Mont. 2.59.320

Department Costs in Bringing an Administrative Action

Effective Dec 25, 2015Authorizing statute(s): 2-4-104, 2-18-503, 25-10-201, 26-2-501, 32-5-207, 32-5-401, MCA; Implementing statute(s): 32-5-207, MCAState of Montana

(1) The department's "costs in bringing an administrative action" as used in 32-5-207, MCA, for which reimbursement may be ordered by the department are:
1. (a) administrative law judge charges;
2. (b) court reporter fees;
3. (c) exhibit preparation costs if the exhibit was admitted into evidence at the hearing;
4. (d) the cost of a deposition if the deposition was used at the hearing;
5. (e) fees, if any, for service of subpoenas;
6. (f) transcription cost as provided in 2-4-614, MCA;
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.

Authorizing statute(s): 2-4-104, 2-18-503, 25-10-201, 26-2-501, 32-5-207, 32-5-401, MCA

Implementing statute(s): 32-5-207, MCA

History: NEW, 2015 MAR p. 2246, Eff. 12/25/15.