23.13.714 CONTESTED CASE HEARING
(1) The contested case hearing will be conducted before the POST Council or a hearing examiner, at the council's discretion.
(2) The director will set the venue for the hearing.
(3) The hearing examiner must ensure that the petitioner or respondent and counsel for POST are afforded the opportunity to respond and present evidence and argument on all issues involved.
(4) All testimony must be given under oath or affirmation.
(5) Exhibits must be marked and must identify the party offering the exhibits. The exhibits will be preserved by the hearing examiner and then by POST as part of the record of the proceedings.
(6) The hearing examiner may hear closing arguments, request written argument, order a schedule for parties to submit a prehearing memorandum, a final prehearing order, proposed findings of fact and conclusions of law, or any other writings that might assist the hearing examiner.
(7) The hearing examiner may grant recesses or continue the hearing.
(8) At the contested case hearing under ARM 23.13.704(2):
(a) the respondent has the burden of proving by a preponderance of the evidence that there was no basis for the denial, sanction, suspension, or revocation of certification imposed by the director, as stated in the notice of agency action;
(b) the director will be represented by contested case counsel during the contested case process; and
(c) absent a determination by the hearing examiner that the interests of justice require otherwise, the order of hearing is as follows:
(i) opening statements by both parties;
(ii) presentation of evidence by the respondent;
(iii) cross examination by POST;
(iv) presentation of evidence by POST;
(v) cross examination by the respondent; and
(vi) rebuttal testimony.
History: 2-4-201, 2-15-2029, MCA; IMP, 2-4-201, 2-4-202, 2-4-611, 2-4-612, 44-4-403, MCA; NEW, 2014 MAR p. 2951, Eff. 12/12/14; AMD, 2017 MAR p. 1953, Eff. 10/28/17.