Admin. R. Mont. 24.301.1413
Hearing Procedure
Effective Oct 25, 2025Authorizing statute(s): 50-60-203, MCA; Implementing statute(s): 2-4-501, 50-60-101, 50-60-102, 50-60-103, 50-60-105, 50-60-108, 50-60-201, 50-60-203, 50-60-205, 50-60-206, MCAState of Montana
- (1) A variance request and a request for hearing pursuant to 50-60-206, MCA, are considered a request for declaratory ruling by the department regarding the application of a particular provision of the State Building Code to the application.
(2) The department shall schedule a hearing:
- (a) between 21 and 35 days after completion of a variance request that the department determined is necessary for the application; or
- (b) not more than 25 days after an applicant requests a hearing pursuant to ARM 24.301.1409.
- (3) Notice of the hearing shall be posted on the department’s website and be provided to the applicant, the Department of Justice, and the interested party list established for this purpose by the department.
- (4) The complete application shall be published on the department’s website and provided to any person upon request.
(5) The hearing shall be conducted by a hearing officer appointed by the department and may be in-person or over videoconferencing means as determined by the department. The hearing is not bound by common law or the rules of evidence. Questions may be asked only by the hearing officer. The hearing procedure is as follows:
- (a) The applicant may explain the project, the need for the variance or other modification, and the legal sufficiency of the application.
- (b) Proponents of the application may provide verbal or written comments.
- (c) Opponents of the application may provide verbal or written comments.
- (d) Informational witnesses, including department staff, may provide verbal or written comment on any issue relevant to the variance request.
- (e) The applicant may close and provide rebuttal to comments received.
- (6) The department shall consider any comments regarding the application that are received between the date of the publication of notice of the hearing and the time of the close of the hearing.
- (7) The hearing officer shall issue a written decision regarding the application. The decision shall include the facts and reasoning supporting the determination.
Authorizing statute(s): 50-60-203, MCA
Implementing statute(s): 2-4-501, 50-60-101, 50-60-102, 50-60-103, 50-60-105, 50-60-108, 50-60-201, 50-60-203, 50-60-205, 50-60-206, MCA
History: NEW, 2025 MAR, Notice No. 2025-120, Eff. 10/25/25.