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24.25.803    FACT FINDER

(1) Either party to a dispute may petition the division to initiate fact-finding or, if it is apparent that matters in disagreement might be more readily settled if facts involved were determined and publicly known, the division may initiate fact-finding.

(2) Within three days of receipt of a petition for fact finding, the division shall submit a list of five qualified, disinterested persons to each of the parties to the dispute.

(3) Within five days of receipt of the list, the parties shall select a fact finder by having the petitioner strike two names and then the other party strike two names. The remaining name is that of the fact finder.

(4) The parties shall immediately notify the division of the name of the fact finder. The board shall notify the fact finder and request him to immediately establish dates and places of hearings.

(5) Within 20 days from his notification by the division, the fact finder shall make written findings of fact and recommendations for resolution of the dispute. The findings shall be served on both parties and a copy sent to the division.

(6) The fact finder may request the division to make the report public five days after the parties are served with the findings.

(7) Fifteen days after the parties are served the division shall provide that the report is open to public inspection.

(8) The fact finder shall submit his costs and fees to the division which shall send copies of an invoice to both parties on which they will be billed for one-third of the total. The parties shall pay the division within five days and the division shall forward the total amount to the fact finder.

History: Sec. 39-32-103 MCA; IMP, 39-32-110 MCA; NEW, 1979 MAR p. 1492-1493, Eff. 11/30/79.

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