Administrative Rules of Montana › Department 6 - STATE AUDITOR › Chapter 6.6 - INSURANCE DEPARTMENT › Subchapter 6.6.82 - Contested Case Procedures Used by the Classification Review Committee › Rule 6.6.8202A - INFORMAL ADVISORY HEARING PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1)
				The initial hearing conducted by the committee concerning objections filed by
				an employer or insurer in relation to classifications assigned to an employer
				shall be conducted informally, and in such manner as to ascertain the
				substantial rights of the parties. All issues relevant to an appeal shall be
				considered. The employer and the insurer, and such witness or witnesses as
				either may call, may present such evidence as may be pertinent, subject to
				examination by any member of the committee.
(2) The parties may stipulate the facts
				involved orally or in writing. Contesting parties shall provide to the
				committee secretary, c/o NCCI, relevant information to be exchanged not less
				than 15 days prior to the date of the hearing to allow sufficient time to
				review background material prior to the hearing.
(3) During the informal hearing the committee
				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.
(4) Telephonic hearings
				may be conducted during the course of informal proceedings.
(5) The committee may in its discretion
				adjourn any hearing for a reasonable period of time, in order to secure all the
				evidence that is necessary and to be fair to the parties.
(6) The committee shall issue a written
				advisory decision within 30 days of the conclusion of the hearing which shall
				not be binding on the parties. The committee shall send a written copy of its
				advisory decision by first class mail, postage pre-paid to each party. Each
				party to the informal hearing shall notify the committee and each other party
				in writing of the notifying party's intent to be bound or not bound by the
				committee's advisory decision and the notice must be made within 30 days of the
				date the committee mails the written copy of its advisory decision to the
				parties.
(7) The party who is
				aggrieved by the advisory decision of the committee or by the refusal of a
				party to be bound by the committee's advisory decision rendered after a hearing
				conducted pursuant to this rule may within 30 days after the expiration of the
				30 day notice deadline specified in (6) herein initiate an informal contested
				case proceeding pursuant to
				2-4-604, MCA, before the committee
				and the committee shall hear the matter in a de novo administrative proceeding
				as provided in Title 2, chapter 4, part 6, MCA. This informal contested case
				proceeding shall be conducted pursuant to the provisions of ARM
				6.6.8204 -
				6.6.8206. If the party who is
				aggrieved by the advisory decision of the committee or by the refusal of a
				party to be bound by the committee's advisory decision does not initiate such
				informal contested case proceeding within the 30 day deadline, such advisory
				decision shall be binding upon the parties
(8) If either the employer or the insurer
				shall fail to appear at the committee hearing and no good cause for a
				continuance is shown, the committee shall render its decision on the basis of
				the best evidence available to it; provided, however, a hearing before the
				committee may be continued for good cause upon application to the committee
				orally or in writing before the hearing is concluded, and may be continued or
				reopened by the committee on application or on its own motion. Any party who
				fails to appear in person or by authorized representative at the hearing before
				the committee may within 10 days after the scheduled date of the hearing file
				an application for reopening, and such application for reopening shall be
				granted if good cause is shown for failing to appear. An application for
				reopening must be in writing; it must state the reason or reasons believed to
				constitute good cause for failing to appear at the hearing; and it must be
				delivered or mailed within such 10-day period to the committee. If an
				application for reopening is not allowed, a copy of such decision shall be
				given or mailed to each party to the hearing, and in the reopening proceedings
				the allowance of the application may be contested. Where it appears that the
				application for reopening or any other request or application may not have been
				filed within the period of time prescribed for filing, the applicant shall be
				notified and be given the opportunity to show that such appeal application or
				request was timely. If it is found that such application or request was not
				filed within the applicable time limit, it may be dismissed on such grounds. If
				it is found that such application or request was timely the matter shall be
				decided on the merits and an advisory ruling issued as provided by these rules.
				Copies of the decision under this provision shall be given or mailed to the
				policyholder and the insurer together with a clear statement of right of appeal
				or judicial review as may be appropriate.
Sec.
					 33-16-1012, MCA; IMP, Sec.
					 2-4-201,
					 33-16-1011,
					 33-16-1012,
					 MCA;