1. (1) The office administrator will refer the claim to a hearing examiner.
2. (2) The hearing examiner will issue notice of the time and place for the hearing, and the issues to be resolved at the hearing.
3. (3) The hearing is not a contested case hearing under the Montana Administrative Procedure Act. The claimant and the unit may each submit evidence. Parties will have an opportunity to examine and cross-examine witnesses who may have relevant testimony concerning the claim. The statutory and common-law rules of evidence do not apply to hearings held under this rule. The hearing examiner will make a record of the hearing.
4. (4) The hearing examiner will issue proposed findings of fact, conclusions of law, and order.
5. (5) Within 20 days of the issuance of the proposed order, either party may file written exceptions to the order and request a review by the deputy director or the deputy director's designee.
6. (6) The deputy director will issue a final order, which is a final determination as set forth in 53-9-131 , MCA. This order is final for purposes of judicial review only if a review under (5) has been held.

Authorizing statute(s): Sec. 53-9-104, MCA

Implementing statute(s): Sec. 53-9-122, 53-9-130, 53-9-131, MCA

History: NEW, 1987 MAR p. 1793, Eff. 10/16/87; AMD, 1994 MAR p. 1999, Eff. 7/22/94; AMD, 2002 MAR p. 1753, Eff. 6/28/02.