reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.12 - Pleadings › Rule 38.2.1208 - RESPONSIVE PLEADINGS

Current through Register Vol. 13, July 5, 2024
(1) Any responsive
				pleadings such as an answer or reply shall comply with the above rules relating
				to pleadings generally. An answer, if made, must be filed within 20 days, and a
				reply, if made, must be filed within 10 days, after the service of the pleading
				against which it is directed, unless otherwise provided in these rules or
				ordered by the commission: Provided, this rule shall not apply to proceedings
				brought on the commission's own motion for violation of the laws, rules or
				regulations governing public utilities. Whenever the commission believes the
				public interest requires expedited procedure it may shorten the time required
				for any answer or reply.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.12 - Pleadings › Rule 38.2.1209 - COPIES

Current through Register Vol. 13, July 5, 2024
(1) Filing parties must provide physical
				copies of any electronically filed document or pleading upon the request of the
				commission or commission staff.
AUTH:
					 69-1-110,
					 69-2-101,
					 69-3-103,
					 69-12-201,
					 MCA; IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.15 - Motions › Rule 38.2.1501 - MOTIONS

Current through Register Vol. 13, July 5, 2024
(1) Prior to the commencement of any hearing
				all motions must be made in writing to the commission or designated hearing
				examiner. Motions may be made orally during a hearing and, if the commission,
				or a hearing examiner requires, shall be submitted to the commission in
				writing. A motion may contain any matter relevant to the clarification of the
				proceeding before the commission. Motions filed with the commission will be
				promptly disposed of by the commission at the commission's or examiner's
				discretion. All motions shall comply in every manner and respect with the
				requirements for pleadings under this chapter.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.18 - Notice › Rule 38.2.1801 - NOTICE

Current through Register Vol. 13, July 5, 2024
(1) The commission shall give written notice,
				where required by statute, by first class mail of a hearing at least 20 days in
				advance thereof to the petitioner, to other parties of record, to parties
				required by statute to be notified and to such other additional persons as the
				commission shall direct. The commission shall give notice to the general public
				by means of legal publication in a newspaper having general circulation in the
				area affected by the filed pleadings or documents.
(2) Notice of motor carrier tariff
				establishments, revisions or changes shall be given pursuant to
				69-12-504,
				MCA.
(3) Notice of motor carrier
				applications for a certificate of public convenience and necessary shall be
				given pursuant to
				69-12-322,
				MCA.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.18 - Notice › Rule 38.2.1802 - CONTENTS OF NOTICE

Current through Register Vol. 13, July 5, 2024
(1) The notice
				shall contain the time, date, place and nature of the hearing. The notice shall
				also contain the docket number, the date of service of the notice, a statement
				of the legal authority and jurisdiction under which the hearing is to be held;
				a reference to the particular section of the statutes and rules involved; and a
				short and plain statement of the matters asserted and issues involved. Notices
				of all hearings shall be served upon the Montana consumer counsel.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.18 - Notice › Rule 38.2.1803 - DEFAULT ORDERS

Current through Register Vol. 13, July 5, 2024
(1) The commission
				may, in its discretion, issue a notice which complies with the foregoing rule,
				and which affords interested persons an opportunity to request a hearing within
				a specified time.
(2) If no hearing
				is requested within the specified time, the commission may enter a default
				order which sets forth the material facts before the commission upon which its
				action is based.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.21 - Filing of Complaints › Rule 38.2.2101 - WHO MAY COMPLAIN

Current through Register Vol. 13, July 5, 2024
(1) Complaints may
				be made by the commission on its own motion or by any person, having a legal
				interest in the subject matter, or any public utility concerned. Any public
				utility or other person likewise may complain of anything done or omitted to be
				done by the commission or any person over whom the commission has jurisdiction
				in violation of any law, rule, regulation or order administered or promulgated
				by the commission, pertaining to matters over which the commission has
				jurisdiction.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.21 - Filing of Complaints › Rule 38.2.2102 - CONTENTS

Current through Register Vol. 13, July 5, 2024
(1) Complaints under this rule shall set
				forth in numbered paragraphs:
(a) The full
				name, post office address and telephone number of each complainant and his
				attorney or representative, if any.
(b) The full name, post office address and
				telephone number of each defendant against whom complaint is made.
(c) A clear, concise statement of the acts or
				things done or omitted to be done by any public utility, or the respects in
				which any rule, regulation, or charge fixed by or for any public utility is in
				violation of any provision of law or of any order or rule of the commission, or
				the respect in which any rate, charge, schedule, classification, rule,
				regulation, or practice is unjust and unreasonable.
(d) The particular relief desired.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.21 - Filing of Complaints › Rule 38.2.2103 - COPIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-1-110(3),
					 69-2-101,
					 69-3-103,
					 69-12-201(2),
					 MCA IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.21 - Filing of Complaints › Rule 38.2.2104 - PROCEDURE UPON RECEIPT OF COMPLAINT

Current through Register Vol. 13, July 5, 2024
(1) The
				commission as regards a complaint issued by the commission, or upon receipt of
				a formal written complaint which is in substantial compliance with these
				procedural rules and which appears to state a cause of action within the
				commission's jurisdiction, shall cause a copy thereof to be served upon each
				defendant, accompanied by a notice from the commission calling upon each
				defendant to satisfy the complaint, or to answer the same in writing, within
				such reasonable time as may be specified by the commission in such notice.
				Service in all hearings, investigations, and proceedings pending before the
				commission shall be made personally or by first class mail.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.21 - Filing of Complaints › Rule 38.2.2105 - AMENDMENTS TO COMPLAINTS

Current through Register Vol. 13, July 5, 2024
(1) Amendments to
				complaints shall comply with all requirements of a complaint as heretofore
				enumerated. The amendment may, in the discretion of the commission, be
				allowed.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.21 - Filing of Complaints › Rule 38.2.2106 - STATEMENT OF SATISFACTION OF COMPLAINT

Current through Register Vol. 13, July 5, 2024
(1)
				If the defendant desires to satisfy the complaint, he shall submit to the
				commission and to the complainant within the time allowed for satisfaction or
				answer a statement of satisfaction consisting of a recitation of the relief
				which he is willing to give. Complainant must, in writing, accept or reject
				defendant's statement of satisfaction within 15 days from the date the
				statement of satisfaction was postmarked or from the date complainant actually
				received defendant's statement of satisfaction (if personally served). Upon
				acceptance of this offer by the complainant with the approval of the
				commission, no further proceeding need be taken.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.21 - Filing of Complaints › Rule 38.2.2107 - ANSWERS

Current through Register Vol. 13, July 5, 2024
(1) Time.
(a) Within 20 days of the date of service of
				the complaint by the commission, the defendant or defendants shall answer the
				complaint. The commission may require the filing of an answer within a
				different time.
(b) Requests for an
				enlargement of time to answer a complaint shall be directed to the commission,
				in writing, and a copy provided to the complainant. The request shall indicate
				complainant's acquiescence to said extension of time or the measures taken by
				the defendant in his unsuccessful effort to obtain such acquiescence. The
				commission shall notify the parties of its ruling.
(c) If an amendment to a complaint is filed
				before receipt of the answer, the defendant's time to answer the complaint
				shall be 20 days from the date of service of the amendment, unless otherwise
				directed by the commission. Amendments to a complaint made subsequent to the
				filing of an answer need not be answered by the defendant.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.24 - Interventions › Rule 38.2.2401 - CONTENTS OF PETITION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-1-110(3),
					 69-2-101,
					 69-3-103,
					 69-12-201(2),
					 MCA; IMP: 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.24 - Interventions › Rule 38.2.2402 - SERVICE OF PETITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-1-110(3),
					 69-2-101,
					 69-3-103,
					 69-12-201(2),
					 MCA IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.24 - Interventions › Rule 38.2.2403 - GENERAL INTERVENTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-1-110(3),
					 69-2-101,
					 69-3-103,
					 69-12-201(2),
					 MCA; IMP: 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.24 - Interventions › Rule 38.2.2404 - SPECIAL INTERVENTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-1-110(3),
					 69-2-101,
					 69-3-103,
					 69-12-201(2),
					 MCA; IMP: 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.24 - Interventions › Rule 38.2.2405 - DISPOSITION OF PETITIONS AND MOTIONS TO INTERVENE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-1-110(3),
					 69-2-101,
					 69-3-103,
					 69-12-201(2),
					 MCA; IMP: 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.24 - Interventions › Rule 38.2.2406 - LIMITATION ON INTERVENTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-1-110(3),
					 69-2-101,
					 69-3-103,
					 69-12-201(2),
					 MCA; IMP: 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.24 - Interventions › Rule 38.2.2407 - INTERVENTION

Current through Register Vol. 13, July 5, 2024
(1) The Commission may establish a deadline
				for intervention in commission proceedings.
(2) The Montana Consumer Counsel (MCC) is a
				party to any proceeding upon filing a notice of intervention before the
				intervention deadline. After the deadline for intervention, the MCC may
				intervene by filing a late motion as described in (6).
(3) Except as provided in (2), any person
				seeking to intervene in a commission proceeding must file a motion to
				intervene. Motions must state:
(a) the
				movant's name and contact information, including telephone number, physical
				address, and electronic mail address;
(b) the name and contact information of the
				movant's attorney or authorized representative, including telephone number,
				physical address, and electronic mail address;
(c) if the movant is an organization, the
				approximate number of members in and the purpose of the organization;
(d) the nature and extent of the movant's
				interest in the proceedings;
(e) to
				the extent known, the position taken by the movant and any issues the movant
				intends to raise in the proceedings; and
(f) any special knowledge or expertise of the
				movant that would assist the Commission in resolving the issues in the
				proceedings.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.27 - Prehearing Conferences › Rule 38.2.2701 - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) The commission may, in any proceeding, on
				its own motion or upon petition by any party, with reasonable notice, request
				all interested parties to attend one or more prehearing conferences for the
				purpose of determining the feasibility of settlement or of formulating the
				issues in the proceeding and to determine other matters to aid in its
				disposition. A commissioner, hearing examiner or designated staff member shall
				preside at such conference. The purposes of the conference may include:
				scheduling of discovery, and fixing of hearing dates; simplification of issues;
				the necessity or desirability of amendments to the pleadings; the possibility
				of obtaining admissions of fact and documents which will avoid unnecessary
				proof; limitations on the number and consolidation of the examination of
				witnesses; the procedure at the hearing; the distribution of written testimony
				and exhibits to the parties prior to the hearing; and such other matters as may
				aid in the disposition of the proceeding, or settlement thereof.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.27 - Prehearing Conferences › Rule 38.2.2702 - PROCEDURAL ORDERS

Current through Register Vol. 13, July 5, 2024
(1) Following a
				prehearing conference the commission may issue a procedural order which fixes
				any dates which are pertinent to the disposition of the case, and which sets
				out the procedures to be followed by the parties. Subsequent orders modifying
				the original procedural order may also be issued.
(2) The procedural order may include a
				description of the matters discussed at and the actions taken pursuant to the
				prehearing conference. A proposed form of notice for the hearing may be
				attached to the order. If objections to the proposed notice are not received
				within a specified time, it shall be deemed to be approved by the
				parties.
(3) If a procedural order
				is entered which specifies either procedures or times for the disposition of a
				case, such as the timing of discovery and data requests, which are different
				from the procedures and times set forth in these rules, the procedural order
				shall control.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.27 - Prehearing Conferences › Rule 38.2.2703 - RECESSING HEARING FOR CONFERENCE

Current through Register Vol. 13, July 5, 2024
(1) In
				any proceeding the presiding officer may, in his discretion, call the parties
				together for a conference prior to the taking of testimony, or may recess the
				hearing for such a conference. The presiding officer may state on the record
				the results of such conference.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.30 - Voluntary Settlement › Rule 38.2.3001 - VOLUNTARY SETTLEMENT

Current through Register Vol. 13, July 5, 2024
(1) Where the
				matter in controversy affects only the parties involved, and the period for
				intervention is closed, the parties to the proceedings may, with the approval
				of the commission, enter into a voluntary settlement of the subject matter of
				the proceeding or any issues contained therein prior or subsequent to the
				formal hearing. In furtherance of a voluntary settlement, the commission may,
				in its discretion, invite the parties to confer with it or with an examiner
				designated by it. Such conferences shall be informal and without prejudice to
				the rights of the parties, and no statement, admission, or offer of settlement
				made at such informal conference shall be admissible in evidence in any formal
				hearing before the commission, unless the same were contained in a procedural
				order.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.33 - Discovery Procedures › Rule 38.2.3301 - INVESTIGATION AND DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) Data
				requests and the additional issues process are the primary, though not
				exclusive, methods of pre-hearing investigation in commission proceedings.
(2) Data requests are a discovery
				tool, which may contain and combine elements of interrogatories, requests for
				production, request for admission, and deposition by written question, that
				provide an efficient means of gathering information where cases are presented
				primarily through pre-filed testimony with substantial supporting exhibits.
				Requests by the commission, hearings examiners, or parties must be used in good
				faith, and should avoid repeating previously requested information. Requests
				must:
(a) describe the topic and to what
				witness the request is directed;
(b) be consecutively numbered (e.g., the
				commission may issue PSC-001 through 008 to EWM, PSC-009 through 016 to the
				MCC, and PSC-017 through 019 again to EWM);
(c) be limited to five sub-parts, denoted
				with lower case letters (a/e);
(d)
				have a separate page for each response; and
(e) substantially adhere to this format:
PSC-001 Regarding: Cost of Equity
Witness: Doe, JBD-4:10-25; As Appropriate
Request/Response:
(a) Please explain how the current market
				conditions impact the utility's cost of equity.
(b) Please explain why these market
				conditions are expected to occur in the future, justifying an increased cost of
				equity.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.33 - Discovery Procedures › Rule 38.2.3302 - SUBPOENAS FOR WITNESSES AND DOCUMENTS

Current through Register Vol. 13, July 5, 2024
(1) Any
				party requiring the attendance of a witness from any place in the state to any
				designated place of hearing for the purpose of taking testimony of such witness
				in a proceeding before the commission, and any party requiring the production
				of books, way bills, papers, accounts, and other documents concerning material
				testimony or information shall make written application to the commission
				secretary requesting that a subpoena issue to compel attendance of such
				witnesses, or production of specific books, way bills, papers, accounts, or
				other documents. Such written application must set forth reasons supporting the
				issuance of the subpoena for the attendance of the witness or the production of
				specific books, papers, and other documents, as the case may be.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.33 - Discovery Procedures › Rule 38.2.3303 - WHO MAY ISSUE

Current through Register Vol. 13, July 5, 2024
(1) Subpoenas shall
				be signed and issued by the hearing examiner, a commissioner or the commission
				secretary. The name and address of the witness shall be inserted in the
				original subpoena and a copy of the return shall be filed with the secretary of
				the commission. Subpoenas shall show at whose instance the subpoena is
				issued.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.33 - Discovery Procedures › Rule 38.2.3304 - ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) The commission by its counsel or the
				party seeking the subpoena may seek enforcement of the same by applying to a
				judge of any district court of the state of Montana, for an order upon any
				witness who shall fail to obey a subpoena to show cause why such subpoena
				should not be enforced.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.33 - Discovery Procedures › Rule 38.2.3305 - ATTENDANCE OF WITNESSES - FEE

Current through Register Vol. 13, July 5, 2024
(1) All
				subpoenas shall extend to all parts of the state, and may be served by any
				person authorized to serve process of courts of record or by any person of full
				age designated for that purpose by the commission. The person executing any
				such process and any witness shall receive the fees in the amount and in the
				manner as provided in civil cases in the district courts of this
				state.
(2) Whenever a subpoena is
				issued at the instance of a complainant, respondent or other party to any
				proceeding before the commission, the cost of service thereof and the fee of
				the witness shall be borne by the party at whose request the subpoena is
				issued.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.36 - Presiding Officer › Rule 38.2.3601 - DESIGNATION

Current through Register Vol. 13, July 5, 2024
(1) When evidence is to be taken in a
				proceeding before the commission, any commissioner or any examiner designated
				by the commission, may preside at the hearing.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.36 - Presiding Officer › Rule 38.2.3602 - POWERS AND DUTIES OF PRESIDING OFFICER

Current through Register Vol. 13, July 5, 2024
(1)
				A presiding officer shall have the duty to conduct full, fair and impartial
				hearings; to take appropriate action to avoid unnecessary delay in the
				disposition of proceedings, and to maintain order; and he shall possess all
				powers necessary to that end, including the following:
(a) To administer oaths and
				affirmations;
(b) To order
				subpoenas issued and to provide for other methods of discovery.
(c) To receive evidence and rule upon all
				objections and motions which do not involve final determination of
				proceedings.
(d) To take such other
				action as may be necessary and appropriate to the discharge of his duties,
				consistent with the statutory authority or other authorities under which the
				commission functions and with the rules, regulations, and policies of the
				commission.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.36 - Presiding Officer › Rule 38.2.3603 - DISQUALIFICATION OF EXAMINERS

Current through Register Vol. 13, July 5, 2024
(1) An examiner
				designated by the commission to preside at a hearing may, upon written request
				and approval of the commission, disqualify themself from presiding
				therein.
(2) Whenever any party
				shall deem the hearing examiner for any reason to be disqualified to preside,
				or to continue to preside, in a particular proceeding, such party may file with
				the secretary of the commission a motion to disqualify and remove by affidavit
				setting forth the alleged grounds for disqualification. A copy of the motion
				shall be served by the commission on the examiner whose removal is sought and
				the examiner shall have ten days from such service within which to reply. If
				the examiner does not disqualify themself within ten days, then the commission
				shall promptly determine the matter, and shall make its decision a part of the
				record in the case.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.39 - Hearings › Rule 38.2.3901 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) The time and
				place of holding hearings will be set by the commission and notice thereof
				served upon all parties not less than 20 days in advance of the hearing date,
				unless the commission finds that an emergency exists requiring the hearing to
				be held upon less notice. An effort will be made to set all hearings
				sufficiently in advance so that all parties will have a reasonable time to
				prepare their cases, and so that continuances will be reduced to a minimum. All
				hearings will be open to the public.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.39 - Hearings › Rule 38.2.3902 - RIGHTS AND RESPONSIBILITIES OF PARTIES

Current through Register Vol. 13, July 5, 2024
(1)
				At any hearing, all parties shall be entitled to enter an appearance, introduce
				evidence, examine and cross-examine witnesses, make arguments, and generally
				participate in the conduct of the proceeding.
(2) All parties shall also comply with the
				requirements of any procedural order entered by the commission or by a
				presiding officer in a particular case. Examples of such requirements, although
				not exclusive, include the answering of discovery and data requests, and the
				prefiling of testimony.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.39 - Hearings › Rule 38.2.3903 - APPEARANCES

Current through Register Vol. 13, July 5, 2024
(1) Parties shall enter their appearances at
				the beginning of the hearing by giving their names and addresses in writing to
				the reporter who will include the same in the record of hearing. The presiding
				officer conducting the hearing may, in addition, require appearances to be
				stated orally, so that the identity and interest of all parties present will be
				known to those at the hearing. Any further notice, pleading, or order in the
				matter which is required to be served upon parties to the proceeding may be
				served upon the attorney or representative of a party so represented and such
				service shall be effective as service upon the party.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.39 - Hearings › Rule 38.2.3904 - TERMINATION OF PARTY STATUS

Current through Register Vol. 13, July 5, 2024
(1) Notwithstanding
				any other provision of these rules pertaining to party status, and unless
				specifically authorized by order of the commission for good cause shown, no
				person shall be a party to any proceeding in which such person has failed to
				enter a written appearance and an oral appearance on request of the presiding
				officer at any hearing in the matter as prescribed in
				38.2.3903. The party status of any
				person failing to enter a written appearance and an oral appearance on request
				of the presiding officer terminates at the close of the period of taking such
				appearances, unless otherwise ordered by the commission.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.39 - Hearings › Rule 38.2.3905 - CONTACT BETWEEN PARTIES AND COMMISSION

Current through Register Vol. 13, July 5, 2024
(1) The
				commission declares its policy to be that after the giving of notice on a
				complaint, petition or application in a contested formal proceeding, or after
				notice of a tariff filing has been given and prior to the issuance of a final
				order thereon, no parties to the proceeding, or their counsel, shall discuss
				the merits of such matter or proceeding with the commissioners, or with the
				examiner involved, unless reasonable notice is given to all parties who have
				appeared therein, to enable such parties to be present at the
				conference.
(2) When, after notice
				and prior to the issuance of a final order, letters from parties are directed
				to the commission, or any member of its staff, regarding a formal proceeding,
				copies of such letters shall be mailed to all parties of record and proof of
				such service furnished to the commission.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.39 - Hearings › Rule 38.2.3906 - NOTICE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 69-1-110(3),
					 69-2-101,
					 69-3-103,
					 69-12-201(2),
					 MCA IMP:
					 69-2-101,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.39 - Hearings › Rule 38.2.3907 - CONTINUANCE

Current through Register Vol. 13, July 5, 2024
(1) Any party who desires a continuance
				shall, immediately upon receipt of notice of the hearing, or as soon thereafter
				as facts requiring such continuance come to his knowledge, notify the
				commission of said desire, stating in detail the reasons why such continuance
				is necessary. The commission in passing upon a request for a continuance shall
				consider whether such request was timely made, and whether it is supported by
				good cause. The commission may grant such a continuance and may at any time
				order a continuance upon its own motion.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.39 - Hearings › Rule 38.2.3908 - FAILURE TO APPEAR

Current through Register Vol. 13, July 5, 2024
(1) At the time and
				place set for hearing, if an applicant, petitioner, or complainant fails to
				appear without having obtained a continuance in the manner specified above, the
				commission may dismiss the petition, application, or complaint with or without
				prejudice or may, upon good cause shown, recess such hearing for a further
				period to be set by the commission to enable said applicant, petitioner, or
				complainant to attend.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.39 - Hearings › Rule 38.2.3909 - TRANSCRIPTS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in (3), a full and
				complete record of all proceedings before the commission or hearing examiner in
				any hearing and all testimony shall be taken down by a reporter appointed by
				the commission.
(2) Suggested
				corrections to the transcript of record must be offered by a party within ten
				days after the transcript is filed in the proceeding except for good cause
				shown, and such suggestion shall be in writing and served upon each party or
				his attorney, the official reporter, and the presiding officer.
(a) If no objection is made to the proposed
				corrections, the presiding officer, unless otherwise directed by the
				commission, may, in his discretion, direct that the corrections be made and the
				manner of making them.
(b)
				Objections shall be made in writing within ten days from the filing of the
				suggestions. The commission or examiner shall, with or without hearing,
				determine what changes, if any, shall be made in the record.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.39 - Hearings › Rule 38.2.3910 - CONDUCT AT HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) All parties to
				hearings, their counsel, and spectators shall conduct themselves in a
				respectful manner. Demonstrations of any kind at hearings shall not be
				permitted. Any disregard by parties, attorneys, or other persons of the rulings
				of the presiding officer on matters of order and procedure may be noted on the
				record, and where deemed necessary, be made the subject of a report to the
				commission. In the event that parties or attorneys conduct themselves in a
				disrespectful, disorderly or contumacious manner at any hearing, the presiding
				officer may submit immediately to the commission his report thereon, together
				with a recommendation.
(2) The
				presiding officer may, at his discretion, recess or continue any hearing in
				case the conduct of witnesses, spectators, or other persons interferes with the
				proper and orderly holding of such hearing or for any other cause or
				circumstance which may prevent the proper conduct of such hearing.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.39 - Hearings › Rule 38.2.3911 - CONSOLIDATED HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) The commission,
				upon its own motion, or upon motion by any party, may order two or more
				proceedings involving similar questions of law or fact to be consolidated for
				hearing where rights of the parties or the public interest will not be
				prejudiced by such procedure.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.42 - Rules of Evidence › Rule 38.2.4201 - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) In the conduct of its hearings, the
				commission is bound to follow the common law and statutory rules of evidence,
				2-4-612(2),
				MCA. The Montana rules of evidence, as adopted by the Montana supreme court,
				shall be applied in all contested cases.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.42 - Rules of Evidence › Rule 38.2.4202 - TESTIMONY UNDER OATH

Current through Register Vol. 13, July 5, 2024
(1) All testimony
				to be considered by the commission in its hearings, except matters officially
				noticed or entered by stipulation, shall be taken under oath or
				affirmation.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.42 - Rules of Evidence › Rule 38.2.4203 - STIPULATION AS TO FACTS

Current through Register Vol. 13, July 5, 2024
(1) The parties to
				any proceeding or investigation before the commission may, by stipulation in
				writing filed with the commission or entered in the record, agree upon the
				facts or any portion thereof involved in the controversy, which stipulation
				shall be binding upon the parties thereto and may be regarded and used by the
				commission as evidence at the hearing. It is desirable that the facts be thus
				agreed upon wherever practical. The commission may, however, require proof by
				evidence of the facts stipulated to, notwithstanding the stipulation of the
				parties.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.42 - Rules of Evidence › Rule 38.2.4204 - SUPPORTING EVIDENCE

Current through Register Vol. 13, July 5, 2024
(1) Parties
				commencing an action should file prepared testimony or a fact sheet to
				establish the facts necessary for the commission to grant the requested relief.
				If no prepared testimony is filed with an initial pleading, the commission may
				set a deadline for any party commencing an action to file prepared testimony.
				The failure to timely file prepared testimony may result in the dismissal of
				the matter.
(2) In the discretion
				of the presiding officer, a witness's prepared testimony may:
(a) be read into the record on direct
				examination;
(b) be copied into the
				record without reading; or
(c) be
				identified and offered as an exhibit.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.42 - Rules of Evidence › Rule 38.2.4205 - EXHIBITS

Current through Register Vol. 13, July 5, 2024
(1) Size of exhibits. Whenever possible,
				exhibits offered as evidence shall be, when folded, 8-1/2 inches by 11
				inches.
(2) Marking exhibits. All
				exhibits shall be marked as ordered by the presiding officer. Parties shall
				arrange in advance with the court reporter the manner of identifying their
				exhibits.
(3) Designation of part
				of document as evidence. When relevant and material matter offered in evidence
				by any party is embraced in a book, paper, or document containing other matter
				not material or relevant, the party offering the same must plainly designate
				the matter so offered. If other matter is in such volume as would necessarily
				encumber the record, such book, paper, or document will not be received in
				evidence, but may be marked for identification, and, if properly authenticated,
				the relevant or material matter may be read into the record, or, if the
				presiding officer so directs, a true copy of such matter in proper form shall
				be received as an exhibit, and like copies delivered by the party offering the
				same to all other parties or their attorneys appearing at the hearing, who
				shall be afforded an opportunity to examine the book, paper, or documents, and
				to offer in evidence in like manner other portions thereof if found to be
				material and relevant.
(4)
				Abstracts of documents. When documents are numerous, such as freight bills or
				bills of lading, and it is desired to offer in evidence more than a limited
				number of such documents as typical of the others, an abstract in an orderly
				manner of relevant data of such documents shall be prepared and offered as an
				exhibit, giving other parties to the proceeding reasonable opportunity to
				examine both the abstract and the document.
(5) Copies of exhibits. When exhibits are
				offered in evidence, the original and two copies shall be furnished to the
				reporter, and the party offering exhibits should also be prepared to furnish a
				copy to each commissioner or examiner sitting, each party, and the staff,
				unless such copies have previously been furnished or the presiding officer
				directs otherwise. Whenever practicable, the parties should interchange copies
				of exhibits before or at the commencement of the hearing.
(6) Exhibits for rate cases. In rate or other
				proceedings involving detailed and complicated accounting exhibits, the
				commission may require the applicant, respondent, any other party, or the
				commission staff, to file and serve copies thereof within a specified time in
				advance of the hearing in order to enable parties and protestants to study the
				same and prepare cross-examination with reference thereto. Data attempting to
				justify proposed tariff changes may be requested in a suspension
				order.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.42 - Rules of Evidence › Rule 38.2.4206 - ADDITIONAL EVIDENCE

Current through Register Vol. 13, July 5, 2024
(1) At the hearing,
				the presiding officer may require the production of further evidence upon any
				issue. Upon agreement of the parties, he may authorize the filing of specific
				documentary evidence as a part of the record within a fixed time after
				submission, reserving exhibit numbers therefor.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.42 - Rules of Evidence › Rule 38.2.4207 - OBJECTIONS

Current through Register Vol. 13, July 5, 2024
(1) Any evidence offered in whatever form
				shall be subject to appropriate and timely objection. When objection is made to
				the admissibility of evidence, such evidence may be received subject to later
				ruling by the commission. The commission, in its discretion, either with or
				without objection, may exclude inadmissible, incompetent, cumulative, or
				irrelevant evidence, or order the presentation of such evidence discontinued.
				Parties objecting to the introduction of evidence shall briefly state the
				grounds of objection at the time such evidence is offered. The evidence to be
				admitted at hearing shall be material and relevant to the issue.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.42 - Rules of Evidence › Rule 38.2.4208 - OFFERS OF PROOF

Current through Register Vol. 13, July 5, 2024
(1) An offer of
				proof for the record shall consist of a statement of the substance of the
				evidence to which objection has been sustained. The offer shall become a part
				of the record, but only for purpose of judicial review.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.45 - Proposed Findings and Conclusions; Briefs › Rule 38.2.4501 - PROPOSED FINDINGS AND CONCLUSIONS OF PARTIES

Current through Register Vol. 13, July 5, 2024
(1) Notice. The presiding officer may require
				all parties of record to file proposed findings of fact and conclusions of law
				at the close of testimony in the proceeding. The presiding officer shall
				immediately fix the time in which such proposed findings and conclusions shall
				be filed. No decision, report or recommended order shall be made until after
				the expiration of the time so fixed.
(2) Contents. Each proposed finding of fact
				and conclusion of law shall be clearly and concisely stated and numbered. Each
				statement shall show specifically the testimony by appropriate transcript
				reference which supports that proposed finding of fact, if a transcript has
				been prepared.
(3) Copies required.
				An original and six copies accompanied by a certificate of service shall be
				filed with the commission and one copy shall be filed with each attorney of
				record or each party.
(4)
				Enlargement of time. Any party may petition the presiding officer for an
				enlargement of time in which to file proposed findings of fact and conclusions
				of law. Such petition shall state the reasons why the enlargement is
				required.
(5) Failure to file -
				dismissal. The commission may dismiss any proceeding where the party who
				initiated such proceeding fails to comply with this rule and the failure of any
				other party may be deemed a waiver of the right to participate
				further.
69-3-103,
					 69-2-101,
					 69-12-201(2)
					 and
					 69-1-110(3),
					 MCA; IMP,
					 69-2-101,
					 MCA;