(1) Upon receipt of a request for fair hearing or a notice of violation containing an order to appear and show cause, the Office of Fair Hearings shall appoint a hearing examiner.

(2) The hearing examiner shall set a scheduling conference to be held by telephone within ten days after the request for hearing or the notice of violation containing the order to show cause is received by the Office of Fair Hearing. The licensee, license applicant, or operator of the swimming pool, spa, or other water feature may agree to set the scheduling conference at a later date.

(3) At the telephone scheduling conference, the hearing examiner shall:

(a) set the date, time, and physical location for the hearing;

(b) set deadlines for any discovery requested by the parties;

(c) set deadlines for exchange of witness lists and exchange of exhibits; and

(d) set a date by which any prehearing order required by the hearing examiner shall be filed by the parties.

(4) Following the scheduling conference, the hearing examiner shall issue a written order that:

(a) sets out its rulings on the issues listed in (3);

(b) notifies the parties that the proceedings are a contested case proceeding under the Montana Administrative Procedure Act;

(c) notifies the parties that formal proceedings may be waived under 2-4-603, MCA;

(d) provides the legal authority and jurisdiction of the hearing examiner;

(e) a reference to the particular sections of the statutes and rules involved;

(f) a short plain statement of the matters asserted; and

(g) a statement that a formal proceeding may be waived pursuant to 2-4-603, MCA.

(5) The hearing examiner may require the parties to submit a prehearing order signed by the representatives or both parties which includes such things as: the parties' contentions, any agreed facts or other stipulations, the issues of fact and law, witnesses, expert witnesses, exhibits, and any relevant statutes and rules, and the anticipated length of hearing. The parties may use electronic signatures to sign and submit the prehearing order.

(6) If a swimming pool, spa, or other water feature has been closed, the hearing examiner shall expedite the proceedings to the extent possible while still providing the parties reasonable time for discovery.