(1) A party desiring to disqualify a hearing officer on an unfair labor practice case must, within five days from receipt of information notifying that party of the appointment of the hearing officer, file with the board a written request to disqualify the appointed hearing officer.

(2) If several parties to an unfair labor practice proceeding disqualify the first appointed hearing officer, then all parties, other than the party who first exercises the right, shall still retain their right to disqualify one succeeding, appointed hearing officer, subject to the conditions of (1). Upon the filing of a timely, written request to disqualify a hearing officer, the hearing officer shall take no further action in that case.

History: 39-31-104, MCA; IMP, 39-31-405(5), MCA; NEW, 1984 MAR p. 599, Eff. 4/13/84; AMD, 2010 MAR p. 2841, Eff. 12/10/10.