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10.6.115    POWERS OF THE COUNTY SUPERINTENDENT

(1) The county superintendent may:

(a) administer oaths;

(b) issue subpoenas;

(c) provide for the taking of testimony by depositions;

(d) set the time and place of the hearing and direct parties to appear and confer to consider simplification of the issues;

(e) fix the time for filing of briefs and other documents;

(f) request the submission of proposed findings of fact and conclusions of law at the conclusion of the hearing.

(2) The county superintendent shall be bound by common law and the Montana Rules of Evidence. All evidence and objections to evidence shall be noted in the record:

(a) any part of the evidence may be received in written form;

(b) documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original. Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the county superintendent's specialized knowledge.

History: 20-3-107, MCA; IMP, 20-3-107, MCA; NEW, 1982 MAR p. 1689, Eff. 9/17/82; AMD, 1993 MAR p. 344, Eff. 3/12/93.

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