24.26.224    BOARD REVIEW

(1) If timely objections are filed following the issuance of a recommended order, the parties will be given an opportunity to present oral argument to the board. If a party desires to submit written argument in lieu of oral argument, it must be filed with the board not less than ten days before the date set for argument and the party filing the written argument shall serve a copy on parties of record.

(2) If parties wish to submit written memoranda in aid of oral argument in addition to argument, such written memoranda must be filed with the board not less than ten days before the date set for oral argument and copies must be served upon parties of record.

(3) Review by the board of a hearing officer's proposed rulings on motions and evidentiary matters, findings of fact, conclusions of law, and/or a recommended order shall be confined to the record. The order of the board shall be in writing and shall be sent to the parties.

(4) If the board refuses to adopt a recommended order of a hearing officer as its final decision or order and, instead, remands the proposal or portion thereof to the hearing officer for further consideration pursuant to board direction, the officer shall conduct whatever proceedings are necessary and conform the proposal for decision to board direction.

(5) The hearing officer shall serve the conformed proposal on all parties as well as upon the board's administrative assistant. The board shall then consider the conformed proposal at a regularly scheduled meeting prior to issuing a final decision.

History: 2-4-201, 39-31-104, MCA; IMP, 2-4-201, MCA; NEW, 2010 MAR p. 2841, Eff. 12/10/10.