reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.1 - Organizational Rules › Rule 24.8.101 - PURPOSE AND SCOPE OF RULES - EFFECT OF PARTIAL INVALIDITY

Current through Register Vol. 13, July 5, 2024
(1) The purpose of the rules in this chapter
				is to describe the procedures followed by the Department of Labor and
				Industry's Human Rights Bureau and the Office of Administrative Hearings in
				administering complaints of discrimination filed pursuant to the Montana Human
				Rights Act (act) and the Governmental Code of Fair Practices (code) contained
				in Title 49, chapters 2 and 3, MCA.
(2) The Human Rights Bureau and the Office of
				Administrative Hearings will construe the provisions of the act, the code, and
				these rules with a view to effect their objects and to promote justice. A
				principal objective of the act and code is to assure that there will be no
				discrimination in certain areas of the lives of Montana citizens, except under
				the most limited of circumstances.
(3) In construing the provisions of the act
				and code, the Human Rights Bureau and the Office of Administrative Hearings
				will refer to federal civil rights case law where it is both useful and
				appropriate and does not conflict with the purposes and intentions of state
				law.
(4) If a part of these rules
				is invalid, all valid parts that are severable from the invalid part remain in
				effect. If a part of these rules is invalid in one or more of its applications,
				the part remains in effect in all valid applications that are severable from
				the invalid application or applications.
(5) Parties who assign error for the
				violation of any rule have the burden to demonstrate that a failure to comply
				with these rules is in fact prejudicial or constitutes prejudice as a matter of
				law.
(6) Where strict adherence to
				these rules would cause undue hardship or create a substantial injustice to a
				party, the Human Rights Bureau and the Office of Administrative Hearings may
				modify, waive, or excuse their application unless required by statute or due
				process of law.
(7) Parties who
				choose not to be represented by counsel and who represent themselves must
				substantially comply with the provisions of these rules, subject to the
				provisions of (6). The Human Rights Bureau and the Office of Administrative
				Hearings may modify the strict application of these rules to an unrepresented
				party to the extent they are not mandatory to assure fundamental
				fairness.
49-2-204,
					 49-3-106,
					 MCA; IMP, Title 49, ch. 2 and ch. 3,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.1 - Organizational Rules › Rule 24.8.103 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply throughout this
				  chapter:
(1) "Act" means the Human
				Rights Act, Title 49, chapter 2, MCA.
(2) "Aggrieved party" means a person who can
				demonstrate a specific personal and legal interest, as distinguished from a
				general interest, and who has been specially and injuriously affected by, or is
				likely to be a victim of a violation of the act or code, as defined in
				49-2-101,
				MCA.
(3) "Charging party" means a
				person who files a discrimination complaint with the Human Rights Bureau or a
				federal agency with whom the Human Rights Bureau has a work-sharing
				agreement.
(4) "Code" means the
				Governmental Code of Fair Practices,
Title 49, chapter 3, MCA.
(5) "Commission" means the Human Rights
				Commission, a quasi-judicial board as established by
				2-15-1706,
				MCA.
(6) "Commissioner" means the
				commissioner of the Department of Labor and Industry.
(7) "Contested case" means proceedings before
				the Hearings Bureau to determine the legal rights, duties, and privileges of
				the parties.
(8) "Department" means
				the Department of Labor and Industry.
(9) "Hearing officer" means an administrative
				law judge appointed by the Office of Administrative Hearings to preside over
				contested case proceedings.
(10)
				"Office of Administrative Hearings" means the organizational unit of the
				department that conducts contested case proceedings after the Human Rights
				Bureau has issued a reasonable cause finding on a complaint of
				discrimination.
(11) "Human Rights
				Bureau" means the organizational unit of the department that informally
				investigates and seeks resolution to complaints of unlawful
				discrimination.
(12) "Notice of
				dismissal and right to sue" means a document provided to the charging party by
				the Human Rights Bureau indicating that charging party has completed the
				department's administrative process and can file a discrimination action in
				district court pursuant to
				49-2-511,
				MCA.
(13) "Reasonable cause" means
				that based on an informal investigation a preponderance of the evidence
				supports a finding of unlawful discrimination.
(14) "Respondent" means any person against
				whom a complaint is filed.
49-2-204,
					 49-3-106,
					 MCA; IMP, Title 49, ch. 2 and ch. 3,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.1 - Organizational Rules › Rule 24.8.105 - APPLICABILITY OF COMMISSION RULES

Current through Register Vol. 13, July 5, 2024
(1) In
				discharging their responsibilities, the Human Rights Bureau and the Office of
				Administrative Hearings will apply the interpretive rules of the commission
				contained in ARM Title 24, chapter 9.
49-2-204,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.1 - Organizational Rules › Rule 24.8.107 - RECORD KEEPING REQUIREMENTS FOR EMPLOYERS

Current through Register Vol. 13, July 5, 2024
(1) All employers, labor organizations,
				employment agencies, and government agencies shall maintain records pursuant to
				49-2-102, MCA,
				and 42 USCA 2000e-8(c) and (d).
(2)
				All personnel records made or kept by an employer, including but not
				necessarily limited to, application forms and other records related to hiring,
				promotion, demotion, transfer, layoff or termination, rates of pay or other
				terms of compensation and selection for training or apprenticeship, shall be
				preserved for two years from the date the record is made or from the date of
				the personnel action involved, whichever occurs later.
(3) If a discrimination complaint is filed,
				the respondent shall preserve all personnel records relevant to the complaint
				until final disposition of the complaint. Personnel records relevant to a
				complaint include personnel records relating to the charging party and
				application forms or test papers completed by an unsuccessful applicant and all
				other candidates for the same position.
(4) Labor organizations shall preserve
				membership or referral records, including applications for membership or
				referral, for two years from the date the records are made. If a discrimination
				complaint is filed, a labor organization shall preserve all records relevant to
				the complaint until final disposition of the complaint.
49-2-204, MCA;
					 IMP,
					 49-2-102,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.2 - Complaints and Investigations › Rule 24.8.201 - FILING OF COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) A complaint may
				be filed with the Human Rights Bureau by or on behalf of any aggrieved party.
				Complaints must be filed with the Human Rights Bureau by mail addressed to the
				Human Rights Bureau, P.O. Box 1728, Helena, MT 59624-1728; personal delivery to
				33 South Last Chance Gulch, Suite 2B, Helena, MT 59601; or fax to (406)
				443-3234.
(2) A complaint must be
				filed within 180 days after the alleged act of discrimination occurred or was
				discovered.
(3) A complaint is
				considered to be filed on the date it is received by the Human Rights Bureau,
				either by mail, hand-delivery, or facsimile. If the last day of the time limit
				falls upon a Saturday, Sunday, legal holiday, or the department offices are
				closed on such day, the time limit will run until the end of the next day when
				the department offices are open.
(a) In the
				case of a complaint which is deferred or transmitted to the Human Rights Bureau
				by any government agency pursuant to any agreement entered into between the
				agency and the department, the complaint is deemed filed for the purpose of
				determining the timeliness of a complaint pursuant to
				49-2-501, MCA,
				as of the date it was filed with the agency which deferred or transmitted the
				complaint. The time period the Human Rights Bureau has to complete its informal
				investigation pursuant to
				49-2-504,
				MCA, or for the commission or the department's Office of Administrative
				Hearings to conduct a hearing pursuant to
				49-2-512,
				MCA, runs from the date the complaint is transferred by the deferring
				governmental agency to the Human Rights Bureau.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.2 - Complaints and Investigations › Rule 24.8.203 - FORM OF COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) A complaint is
				a written document filed with the Human Rights Bureau. An aggrieved party or a
				person filing on behalf of an aggrieved party may draft and file a complaint.
				Except as provided in (2), a complaint must contain, at a minimum, the
				following information:
(a) full name, address
				and telephone number, if any, of the person making the complaint (hereinafter
				referred to as charging party);
(b) full name, address and telephone number,
				if any, of the person against whom the complaint is made (hereinafter referred
				to as respondent);
(c) a clear and
				concise statement of the facts, including pertinent dates, constituting the
				alleged unlawful discriminatory practice; and
(d) the verified signature of the charging
				party..
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.2 - Complaints and Investigations › Rule 24.8.205 - INTAKE PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) A person
				seeking to file an unlawful discrimination complaint may contact the Human
				Rights Bureau by mail or telephone . The Human Rights Bureau may provide
				consultation and assistance in filing a complaint through intake. If a person
				sets forth sufficient information to indicate a viable complaint under the laws
				enforced by the Human Rights Bureau, the bureau may draft a complaint for the
				person's consideration. A complaint drafted by the bureau is not deemed filed
				until it is signed and returned pursuant to ARM
				24.8.203.
(2) Any information or assistance provided to
				a potential charging party who contacts the Human Rights Bureau must be offered
				objectively and impartially pursuant to
				49-2-205,
				MCA.
AUTH:
					 49-2-204,
					 49-3-106,
					 MCA; IMP:
					 49-2-205,
					 49-3-315,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.2 - Complaints and Investigations › Rule 24.8.207 - NOTICE OF FILING OF COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) Within ten
				business days of the filing of a complaint, the Human Rights Bureau shall serve
				notice of filing upon the parties by mail. The notice shall:
(a) acknowledge the filing of the complaint
				and state the date that the complaint was filed;
(b) include a copy of the
				complaint;
(c) advise the parties
				of the time limits applicable to complaint processing;
(d) in cases filed pursuant to
				49-2-305,
				MCA (housing cases), advise the parties of their right to commence a civil
				action under
				49-2-510(4)(a),
				MCA, in an appropriate district court, not later than two years after an
				alleged unlawful discriminatory practice under
				49-2-305,
				MCA, occurred or was discovered or within two years of the breach of a
				conciliation agreement entered into under
				49-2-504(1)(a),
				MCA. The notice shall state that the computation of this two-year period
				excludes any time during which a proceeding is pending under
				49-2-510,
				MCA, with respect to a complaint based on the alleged discriminatory housing
				practice. The notice shall also state that the time period includes the time
				during which an action arising from a breach of a conciliation agreement is
				pending;
(e) in cases filed
				pursuant to
				49-2-303,
				MCA (employment cases), advise the parties of the respondent's obligation to
				preserve all personnel records relevant to the complaint until the final
				disposition of the complaint, pursuant to ARM
				24.8.107;
(f) advise the parties of their right to
				receive a copy of all other information submitted with the complaint and during
				the investigation and right to review their file subject to the provisions of
				ARM 24.8.210; and
(g) advise the parties that retaliation
				against any person because the person made a complaint or testified, assisted
				or participated in an investigation, a conciliation, or an administrative
				proceeding, is a discriminatory practice that is prohibited under
				49-2-301,
				MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.2 - Complaints and Investigations › Rule 24.8.210 - CONFIDENTIALITY AND RELEASE OF INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) There is a compelling state interest in
				the elimination of illegal discrimination in Montana pursuant to Art. II, sec.
				4 of the Montana Constitution (1972). In some cases, the interest of a person
				in viewing material related to a complaint or gathered as part of the
				investigation will compete with individual privacy interests. In order to
				balance these interests, the Human Rights Bureau will take the following steps
				upon receiving a request for information:
(a)
				When a person requests information or materials for which an individual right
				of privacy has been asserted or might be asserted, the Human Rights Bureau will
				contact the parties and provide them an opportunity to object to the release of
				this information.
(b) If there is
				an objection to the release of information, the Human Rights Bureau will
				promptly advise the requestor that the requestor may file a written request for
				review of the objection to release.
(c) Upon receipt of a written request for
				review, the Human Rights Bureau shall immediately refer the request to the
				Office of Administrative Hearings, and the Office of Administrative Hearings
				will promptly provide the parties an opportunity to be heard.
(i) A party that has provided information to
				the department about a nonparty may assert a privacy interest on behalf of a
				nonparty.
(ii) The Human Rights
				Bureau may assert an interest in delaying the release of information until the
				completion of its informal investigation if the release of information would
				threaten the integrity of a pending investigation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.2 - Complaints and Investigations › Rule 24.8.212 - INFORMAL INVESTIGATION BY THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) The Human Rights Bureau has the authority
				to gather sufficient information to allow a thorough scrutiny of the
				circumstances surrounding complaints of discrimination through an informal
				investigation. The investigation shall be conducted in a fair and impartial
				manner. The Human Rights Bureau will utilize methods such as written
				information requests and telephone and personal interviews to obtain
				information in the course of the informal investigation.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 49-2-205,
					 49-2-504,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.2 - Complaints and Investigations › Rule 24.8.214 - INVESTIGATIVE SUBPOENAS

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				49-2-203,
				MCA, the Human Rights Bureau may request that the commissioner issue subpoenas
				relating to a matter under investigation in order to further the department's
				informal investigation.
AUTH:
					 49-2-204, MCA;
					 IMP:
					 49-2-203,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.2 - Complaints and Investigations › Rule 24.8.216 - EFFECT OF FAILURE TO COOPERATE WITH INVESTIGATION

Current through Register Vol. 13, July 5, 2024
(1) When a party refuses to comply with a
				request by the Human Rights Bureau for information or evidence reasonably
				necessary for the investigation, the Human Rights Bureau may take either or
				both of the following actions to complete its investigative responsibilities:
(a) request the commissioner to issue a
				subpoena; and
(b) draw an adverse
				inference against the unresponsive party as to the evidence sought.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.2 - Complaints and Investigations › Rule 24.8.220 - FINDING OF REASONABLE CAUSE OR NO REASONABLE CAUSE AND FINAL INVESTIGATIVE REPORT

Current through Register Vol. 13, July 5, 2024
(1) Within 120 days
				(for cases filed pursuant to
				49-2-305,
				MCA) or 180 days (for all other cases, pursuant to
				49-2-504,
				MCA), the Human Rights Bureau will conclude its informal investigation by
				issuing a written finding in a final investigative report. The finding will
				include a brief statement of the reasons for the Human Rights Bureau's
				conclusions and will be mailed to all parties.
(a) If any or all of the allegations of
				discrimination contained in the complaint are supported by a preponderance of
				the evidence, the Human Rights Bureau will issue a finding of reasonable cause
				and the complaint will be certified for hearing, pursuant to
				49-2-505,
				MCA.
(b) If none of the allegations
				of discrimination in the complaint are supported by a preponderance of the
				evidence, if the Human Rights Bureau determines that the complaint is untimely,
				or if the Human Rights Bureau determines that it lacks jurisdiction over the
				complaint, the department will issue a finding of no reasonable cause. A
				finding of no reasonable cause will be accompanied by a notice of dismissal and
				right to sue in accordance with ARM
				24.8.403. After a receipt of a
				notice of dismissal and right to sue, a charging party may continue the
				administrative process by filing objections with the commission or discontinue
				the administrative process and commence proceedings in district court as
				provided in
				49-2-511,
				MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.4 - Dismissal and Appeal › Rule 24.8.401 - WITHDRAWAL OF COMPLAINT DURING THE INFORMAL INVESTIGATION

Current through Register Vol. 13, July 5, 2024
(1) Any person who has filed a complaint with
				the Human Rights Bureau or any person on whose behalf a complaint has been
				filed may make a request in writing that the complaint be withdrawn. This
				request may be made at any time before a finding is issued and must be approved
				by the Human Rights Bureau. Upon approval by the Human Rights Bureau,
				withdrawal of a complaint completes the administrative process.
(2) If the withdrawal is based on a private
				settlement agreement, a copy of the agreement must accompany the request.
				Private settlement agreements submitted as the basis for withdrawal are subject
				to the provisions of ARM
				24.8.301 until completion of the
				administrative process.
(3) The
				Human Rights Bureau may dismiss the complaint upon receipt of a written request
				for withdrawal of a complaint and approval of that request, except for those
				parts which the commissioner may initiate as a commissioner
				complaint.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 49-2-210,
					 49-2-501,
					 49-2-504,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.4 - Dismissal and Appeal › Rule 24.8.403 - DISMISSAL BY THE HUMAN RIGHTS BUREAU

Current through Register Vol. 13, July 5, 2024
(1) The
				Human Rights Bureau shall conclude the department's administrative proceedings
				and issue a notice of dismissal and right to sue if:
(a) the Human Rights Bureau determines that
				it lacks jurisdiction or the statutory authority to investigate the allegations
				of the complaint; or
(b) the Human
				Rights Bureau determines that the allegations of the complaint are not
				supported by a preponderance of the evidence.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.4 - Dismissal and Appeal › Rule 24.8.405 - DISMISSAL BY REQUEST OF A PARTY (REPEALED)

Current through Register Vol. 13, July 5, 2024
49-2-204, MCA;
					 IMP,
					 49-2-305,
					 49-2-509,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.4 - Dismissal and Appeal › Rule 24.8.410 - NOTICE OF DISMISSAL AND RIGHT TO SUE

Current through Register Vol. 13, July 5, 2024
(1) The issuance of a notice of dismissal and
				right to sue completes the administrative process with regard to any complaint
				of discrimination in which a notice of dismissal and right to sue is
				issued.
(2) Each notice of
				dismissal and right to sue issued by the Human Rights Bureau shall be issued to
				all parties by mail and shall set forth the following information:
(a) a statement of the reasons for
				issuance;
(b) a notice that in
				order to pursue the complaint of discrimination, the charging party must
				petition the district court in the district in which the alleged violation
				occurred within 90 days of receipt of the notice. The notice shall
				conspicuously state that if the charging party fails to file a petition in
				district court within the 90 day period, the claim shall be barred;
(c) a notice of the court's discretion to
				award attorney's fees to the prevailing party in a discrimination action in
				district court;
(d) a statement
				regarding the effect of the issuance of the notice of dismissal and right to
				sue as provided in (1); and
(e) a
				statement that the requirements for issuance of a notice of dismissal and right
				to sue have been satisfied.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.701 - JURISDICTION TO CONSIDER JURISDICTION

Current through Register Vol. 13, July 5, 2024
(1) The
				Office of Administrative Hearings shall, at all times, have jurisdiction to
				determine the jurisdiction of the department over any particular contested
				case. In such situations the rules of procedure of the Office of Administrative
				Hearings shall apply, and questions of jurisdiction may be resolved by rulings
				and orders based upon the pleadings or after a hearing, as required to suit the
				circumstances of the case.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.704 - INCORPORATION OF OTHER PROCEDURAL RULES BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) To the extent these rules do not provide
				for or specify procedures, the Office of Administrative Hearings adopts and
				applies the Montana Rules of Civil Procedure and Montana Rules of Evidence.
				This adoption excludes references to jury trials, issuance of subpoenas by
				attorneys, and other exclusively judicial features.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 2-4-612,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.707 - REPRESENTATION IN A CONTESTED CASE PROCEEDING

Current through Register Vol. 13, July 5, 2024
(1) All parties before the Office of
				Administrative Hearings have the right to be represented by an attorney of
				their choice.
(2) The Office of
				Administrative Hearings will not provide counsel for parties or provide funds
				for the payment of counsel.
(3) The
				department may appear in any contested case for the limited purpose of
				representing the interests of the public.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.710 - APPOINTMENT AND AUTHORITY OF HEARING OFFICER

Current through Register Vol. 13, July 5, 2024
(1) Contested cases will be presided over and
				heard by a hearing officer appointed by name in the initial notice of hearing
				issued by the Office of Administrative Hearings.
(2) The hearing officer has general authority
				to regulate the course of contested cases, and may exercise those powers and
				authority provided by
				2-4-611,
				MCA, including all powers and authority provided or implied by law.
(3) The hearing officer may establish
				prehearing and hearing dates and procedures, rule upon procedural petitions and
				motions, make procedural rulings and orders which appear necessary from the
				record, and otherwise regulate the conduct and adjudication of contested cases
				as provided by law.
(4) No ruling,
				order, decision, or exercise of the power and authority of a hearing officer is
				reviewable by the commission prior to the entry of the hearing officer's
				decision that resolves the complaint, except as otherwise provided in these
				rules or unless a manifest and irreparable injustice would result.
(5) The authority of a hearing officer
				terminates upon the entry of a decision on the merits unless the commission
				further delegates authority for other proceedings or exercise of
				authority.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 2-4-611,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.713 - DISQUALIFICATION OF A HEARING OFFICER

Current through Register Vol. 13, July 5, 2024
(1) A
				party may disqualify a hearing officer from presiding over any matter governed
				by these rules only upon an affirmative showing, made in good faith, of
				personal bias, a lack of independence, disqualification by law, or other ground
				for disqualification allowed by law.
(2) A party seeking to disqualify a hearing
				officer may do so only upon the filing of a motion which is supported by a
				sufficient affidavit showing the particular facts and matters which constitute
				good cause for disqualification under (1). The party must file the motion and
				affidavit no later than 30 days after that party has notice of the assigned
				presiding hearing officer.
(3)
				Following the filing of a motion and affidavit of disqualification and a
				reasonable period of time for an opposing party to comment upon it, the bureau
				chief of the Office of Administrative Hearings or his or her designee shall
				either enter an order of recusal or decline disqualification. That order must
				specify the particular facts and grounds upon which it is based.
(4) When disqualification is declined, a
				party objecting to the ruling must petition the commission for an order of
				disqualification within ten days following the date of the order declining
				disqualification. If no such petition is filed, the order is not appealable to
				the commission.
(5) A hearing
				officer may make an order or give a notice of recusal or self-disqualification
				at any time.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 2-4-611,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.716 - EX PARTE CONSULTATIONS

Current through Register Vol. 13, July 5, 2024
(1) A
				presiding hearing officer may not participate in or initiate any ex parte
				consultation, as defined in (2), on the merits of a matter with any party or
				the department.
(2) "Ex parte
				communication" means the communication with the presiding hearing officer by
				any person having interest in the outcome of the contested case proceeding
				regarding the merits of the case without notice or argument by any person
				adversely interested. A hearing officer may engage in communication concerning
				administrative or procedural matters where necessary under the circumstances
				and which does not adversely affect the substantial rights of a
				party.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 2-4-613,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.719 - CONTESTED CASE RECORD

Current through Register Vol. 13, July 5, 2024
(1) The record in a
				contested case shall include all documents listed in the Office of
				Administrative Hearings docket, including without limitation:
(a) all pleadings, motions, intermediate
				rulings;
(b) all evidence received
				or considered, including a stenographic record of oral proceedings when
				requested by a party;
(c) a
				statement of matters officially noticed;
(d) questions and offers of proof, objections
				and rulings thereon;
(e) proposed
				findings and exceptions; and
(f)
				any decision, opinion, or report by the hearing officer presiding at the
				hearing.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.722 - PLACE OF HEARING

Current through Register Vol. 13, July 5, 2024
(1) The hearing
				officer shall hold contested case hearings in the county where the unlawful
				conduct is alleged to have occurred, unless a party requests a change of venue
				for good cause shown. The hearing officer may change venue for the hearing of a
				contested case upon the entry of a default against a respondent, to expedite
				hearing, or otherwise to provide for a fair hearing upon good cause which
				appears of record.
(2) The hearing
				officer may require a party to make arrangements for a suitable place of
				hearing and bear the cost of facilities to conduct the hearing.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.725 - FORMAL PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1) All contested
				case proceedings shall be formal unless informal proceedings or disposition
				under
				2-4-604,
				MCA, are permitted by stipulation of the parties, agreed settlement, consent
				order, or default.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 2-4-603,
					 2-4-604,
					 2-4-612,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.728 - INFORMAL PROCEEDINGS

Current through Register Vol. 13, July 5, 2024
(1) Informal
				proceedings may be conducted where the parties to a contested case jointly
				waive a formal proceeding, where the default of a party is entered, or where
				informal proceedings are appropriate following the imposition of sanctions upon
				a party.
(2) When informal
				proceedings are used, the hearing officer shall give parties an opportunity to
				present evidence at a convenient time and place, using fair
				procedures.
(3) During informal
				proceedings, the hearing officer may receive and consider evidence of a type
				commonly relied upon by reasonably prudent persons in the conduct of their
				affairs, but may not receive or consider evidence which is irrelevant,
				immaterial, or unduly repetitious. Hearsay evidence may be received and
				considered to supplement or explain other evidence, but such hearsay evidence
				may not be considered to support a finding unless it would otherwise be
				admissible under the Montana Rules of Evidence.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 2-4-604,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.731 - DOCUMENT FORMAT, FILING, AND SERVICE

Current through Register Vol. 13, July 5, 2024
(1) All
				documents, pleadings, and papers to be filed shall be eight and one-half inches
				by eleven inches (8½" x 11") in size, standard quality, opaque, unglazed
				paper, with a minimum 50% recycled content, of which at least 10% shall be
				postconsumer waste, and be printed on both sides (double sided). Exhibits or
				other documents shall be reproduced in like size unless the original exhibit is
				required. A hearing officer may require the reproduction of an oversized
				demonstrative or other exhibit in a size appropriate for the record.
(2) The place of filing is the offices of the
				Office of Administrative Hearings, Department of Labor and Industry, P.O. Box
				1728, Helena, Montana 59624-1728, or during a hearing, by personal delivery to
				the presiding hearing officer.
(3)
				Filing with the Office of Administrative Hearings is effective upon actual
				receipt at the offices of the department or by the hearing officer at the
				hearing and not upon mailing.
(4)
				Copies of all submissions filed must be served upon all parties of record,
				including intervenors or other parties allowed to appear for special purposes,
				and all submissions must contain or be accompanied by a certificate of service
				showing proof of the method of service and the date upon which such service was
				made. Service of copies of submissions upon parties shall be made in accordance
				with the Montana Rules of Civil Procedure and may be made by means of first
				class mail, postage prepaid, unless the hearing officer designates another
				manner of service.
(5) The hearing
				officer may accept telephonic or oral filings of motions or requests for
				procedural relief, subject to recording by means of minute entry, note, or the
				subsequent filing of a true and accurate recording of such matters, upon fair
				and timely notice to all parties of record.
(6) Filing of a facsimile copy of a document
				of no more than 20 pages, which is an exact duplicate of the original, shall
				meet the filing requirements of these rules only if the facsimile copy is
				followed within five days by filing of the original or original copy of the
				document and required copies.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 2-4-106,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.734 - APPEARANCE, DISMISSAL, AND DEFAULT

Current through Register Vol. 13, July 5, 2024
(1)
				Answers to complaints following the service of the notice of hearing are not
				required. The contentions of the parties and fair notice of them to prepare for
				hearing shall be developed through discovery and/or prehearing
				orders.
(2) Each party shall make
				its appearance in a contested case within 20 days of the date on which service
				of the notice of hearing is made upon the party or his or her legal
				representative. Appearance shall be in the form of a written notice
				acknowledging service of certification, and a designation of the name, address,
				and telephone number of the attorney for a party. If a party chooses not to be
				represented by counsel, such fact shall be indicated in the written appearance.
				This rule is subject to the provisions of
				2-4-106, MCA, and Rule 4D
				of the Montana Rules of Civil Procedure governing service by mail.
(3) In the event a party fails to appear,
				fails to comply with an order, fails to prosecute or defend the case, fails to
				engage in discovery, or otherwise fails to do an act required by law or these
				rules, the hearing officer may enter an appropriate order terminating the
				contested case or limiting prosecution or defense of the contested case. Such
				orders may include dismissal of a complaint, entry of default, disposition by
				informal procedure, or entry of other appropriate orders.
(4) A party may be relieved of any of the
				sanctions provided in (3) upon a showing of excusable neglect, good cause, and
				a good faith willingness to comply with the further orders of the hearing
				officer or the commission. A party may request such relief by the filing of a
				motion and supporting affidavit within ten days of the entry of an order
				imposing such sanctions.
(5) Upon
				the entry of a default against a respondent, the hearing officer may fix a date
				or procedures for informal disposition of the complaint. Upon the default, the
				charging party must present evidence in support of the complaint and proof of
				damages.
(6) Before the entry of an
				order of dismissal of a complaint, on any basis other than a decision on the
				merits, in cases where the department has made a reasonable cause
				determination, the hearing officer shall notify the department of the proposed
				dismissal of the case in order to permit the department an opportunity to
				intervene or seek redesignation for the limited purpose of obtaining the
				appropriate affirmative relief.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 2-4-106,
					 2-4-603,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.737 - INTERVENTION AND LIMITED PARTICIPATION

Current through Register Vol. 13, July 5, 2024
(1)
				Intervention will be governed by the applicable rules of civil procedure,
				except that there is no intervention of right once a case has been certified to
				the Office of Administrative Hearings for a contested case.
(2) The hearing officer may permit a party
				who does not seek to intervene as of right to participate in a matter in a
				limited capacity, but not as a party. A person who may not seek intervention as
				of right may be permitted to participate in a contested case in a limited
				manner, such as a friend of the tribunal, where such participation would not
				cause prejudice to a party, delay proceedings, or deny a fair hearing. In such
				instances, a limited participant shall not have the right to control
				proceedings.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.740 - CLASS ACTIONS

Current through Register Vol. 13, July 5, 2024
(1) A complaint may
				be prosecuted as a class action where the outcome of a contested case will
				affect a class of persons and where a class action would otherwise be allowed
				under Rule 23 of the Montana Rules of Civil Procedure.
(2) Class action applications, motions, and
				procedures following certification of a contested case for hearing shall be
				governed by Rule 23 of the Montana Rules of Civil Procedure and any Montana law
				governing class actions.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.743 - MOTIONS

Current through Register Vol. 13, July 5, 2024
(1) Any party may seek relief in a contested
				case by means of an appropriate motion. Motions shall clearly state the relief
				sought by a party, the grounds and authority supporting the entry of an order
				granting the motion, any prejudice which would result should the motion be
				denied, and the precise relief desired. All motions which assert factual
				matters not of record as the grounds for relief must be accompanied by
				affidavits or verified exhibits which show the facts upon which the proposed
				relief is grounded. Each motion must be supported by a brief or memorandum of
				law showing the moving party's entitlement to relief as a matter of
				law.
(2) The hearing officer may
				deny any motion which is not supported by an affidavit, where required, and
				which is not supported by a brief or memorandum of law.
(3) Upon filing a motion, the moving party
				shall file its supporting brief and any other supporting materials. Within ten
				days after service of that brief, the opposing party shall file an answer brief
				and any other supporting materials. Within ten days after the service of the
				answer brief, the moving party may file a reply brief or other appropriate
				response.
(4) The failure of a
				moving party to file a brief in support of the motion may be treated as an
				admission that the motion is without merit. The failure to file an answer brief
				may be treated as an admission the motion is well taken and should be granted.
				The filing of a reply brief by the movant is optional and failure to file one
				will not subject the motion to summary ruling.
(5) The hearing officer may order live or
				telephonic oral argument upon a motion on its own motion or that of a party.
				Oral argument on any motion, including a motion for summary judgment, is waived
				unless requested by the moving party in the moving party's brief in support of
				the motion or by the party responding to the motion in the answer
				brief.
(6) At the discretion of the
				hearing officer, oral motions may be heard during the course of a hearing or in
				extraordinary situations which do not result in prejudice to a party.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.746 - EVIDENCE

Current through Register Vol. 13, July 5, 2024
(1) The evidence received and considered in
				contested case proceedings shall conform to the Montana Rules of Evidence and
				the provisions of
				2-4-612,
				MCA, except as modified for informal proceedings under
				2-4-603
				and
				2-4-604,
				MCA.
(2) Notice may be taken of
				judicially cognizable facts. In addition, notice may be taken of generally
				recognized technical or scientific facts within the agency's specialized
				knowledge. Parties shall be notified either before or during the hearing or by
				reference in preliminary reports or otherwise of the material noticed,
				including any staff memoranda or data. They shall be afforded an opportunity to
				contest the material so noticed.
(3) Parties have the right to conduct
				cross-examination for a full and true disclosure of facts, and other
				examination by way of examination beyond the scope of direct, cross, or
				redirect examination shall be within the sound discretion of the hearing
				officer or the commission.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 2-4-603,
					 2-4-604,
					 2-4-612,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.749 - DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) The methods, scope, and procedures of
				discovery are those governed and permitted by the Montana Rules of Civil
				Procedure, recognizing that the hearing officer is not permitted by law to make
				an award of attorney fees as a sanction for failure to make
				discovery.
(2) The hearing officer
				may fix the times, places, and methods of discovery by conference, prehearing
				order, or otherwise, and may enter appropriate orders for violations of orders
				fixing discovery procedures.
(3)
				Depositions, interrogatories and answers to them, requests for production of
				documents and responses to them, and other discovery documents shall not be
				filed with the Office of Administrative Hearings without prior leave of the
				hearing officer.
(4) The use of
				depositions at hearing or in lieu of testimony by a witness shall be governed
				by the Montana Rules of Civil Procedure. Where portions of a deposition are
				necessary for consideration, the hearing officer may order the preparation of
				excerpts of a deposition to avoid a bulky record or consideration of irrelevant
				or prejudicial matter.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 2-4-602,
					 49-2-505,
					 49-3-315,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.8 - HUMAN RIGHTS BUREAU › Subchapter 24.8.7 - Hearings Process › Rule 24.8.752 - AMENDMENT OF COMPLAINT

Current through Register Vol. 13, July 5, 2024
(1) A charging
				party may amend a complaint to cure defects or omissions, including procedural
				defects or defects in verification, and to allege new facts and matters arising
				out of continuing violation of law. A charging party may also amend a complaint
				where an amendment is necessary to provide a respondent with fair notice of the
				allegations of a party.
(2) The
				allowance or denial of an amendment to a complaint shall be governed by the
				provisions of
				49-2-501, MCA,
				with respect to the time for filing complaints except when the new material
				relates back to the filing of the original complaint.
(3) The redesignation of a complaint pursuant
				to
				49-2-201,
				MCA, on behalf of the commissioner shall not, unless so specified, constitute
				the filing of a new complaint but shall relate to the underlying complaint in a
				contested case as an amendment to it.
(4) The charging party may amend the
				complaint only by leave of the hearing officer or consent of an adverse
				party.
(5) A complaint may be
				amended by way of a prehearing order which contains the contentions of the
				parties and which is substituted for pleadings in the contested case.
(6) To the extent the amendment of pleadings
				is not otherwise addressed in this rule, such amendments shall be governed by
				the provisions of Rule 15 of the Montana Rules of Civil Procedure.
49-2-204,
					 49-3-106,
					 MCA; IMP,
					 49-2-501,
					 49-2-505,
					 49-3-315,
					 MCA;