reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.45 - Proposed Findings and Conclusions; Briefs › Rule 38.2.4502 - BRIEFS AND ORAL ARGUMENT: RIGHT TO FILE OR ARGUE

Current through Register Vol. 13, July 5, 2024
(1) A party shall have the right to file a
				brief or present oral argument in any hearing before the commission. The
				presiding officer may require the filing of briefs or the presentation of oral
				argument or both by the parties. Requests for filing of briefs or oral argument
				shall be made before or at the close of the hearing and may be made in writing
				or orally on the record.
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 38.2.4503 - TIME

Current through Register Vol. 13, July 5, 2024
(1) Briefs. Unless otherwise ordered by the
				presiding officer, when briefs are to be filed in any proceeding, the applicant
				or complainant shall have 20 days after close of hearing, or 20 days after the
				date the complete transcript of the hearings is filed with the commission if a
				transcript is prepared, in which to file its brief. Unless otherwise ordered,
				any other party shall have 20 days thereafter to file its brief. Reply briefs
				may be filed ten days thereafter. The secretary of the commission shall notify
				all parties of the date of the filing of the transcript.
(2) Enlargement. Petition for enlargement of
				time to file a brief must be filed prior to that time as set out in (1) above,
				and must set forth good cause for the granting of the enlargement.
(3) Oral argument. Unless otherwise ordered
				by the presiding officer the time allowed for oral argument shall be as
				follows:
(a) For an applicant or complainant,
				60 minutes, which may be divided between the original argument and reply
				argument, but no more than 15 minutes shall be allowed for reply argument
				and
(b) For other parties 45
				minutes each.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.45 - Proposed Findings and Conclusions; Briefs › Rule 38.2.4504 - FILING AND SERVICE OF BRIEFS (REPEALED)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 38.2.45 - Proposed Findings and Conclusions; Briefs › Rule 38.2.4505 - BRIEFS, CONTENTS

Current through Register Vol. 13, July 5, 2024
(1) Briefs shall be
				concise, and shall, when a transcript is prepared, include transcript citations
				for each statement of fact. Briefs exceeding 20 pages excluding appendices
				shall contain a subject index with page references and a list of authorities if
				any cited.
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 38.2.48 - Commission Decisions and Orders, Exceptions, Rehearings and Reconsideration › Rule 38.2.4801 - COMMISSION DECISIONS AND ORDERS

Current through Register Vol. 13, July 5, 2024
(1) An order or
				decision in writing by the commission will issue in every proceeding. The order
				or decision shall contain separately stated findings of fact and conclusions of
				law. One copy of the order shall be served on each party.
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 38.2.48 - Commission Decisions and Orders, Exceptions, Rehearings and Reconsideration › Rule 38.2.4802 - ISSUANCE OF PRESIDING OFFICER OR EXAMINER PROPOSED DECISION

Current through Register Vol. 13, July 5, 2024
(1) A presiding
				officer or hearing examiner may issue a proposed decision. The decision shall
				be served on all parties to the proceeding. The proposed order shall contain
				separately stated findings of fact and conclusions of law.
(2) The commission may adopt a presiding
				officer's or examiner's proposed decision. If a proposed decision is adopted in
				its entirety, the commission decision shall so state in the order. Where the
				only changes between the commission decision and the presiding officer's or
				examiner's decision are those to correct grammar or typographical errors, the
				commission order or decision shall so state in the order.
(3) The commission may issue a decision which
				makes reference to the proposed decision and indicates disagreements with the
				presiding officer or examiner, and the commission may make further or modified
				findings and conclusions based on the record.
(4) If all parties stipulate and the
				commission does not disapprove of said stipulation, then a prepared order or
				decision may be considered a final order or decision of the commission.
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 38.2.48 - Commission Decisions and Orders, Exceptions, Rehearings and Reconsideration › Rule 38.2.4803 - EXCEPTIONS TO PROPOSED ORDERS

Current through Register Vol. 13, July 5, 2024
(1) Briefs on
				exceptions may be filed by any party within 20 days after the proposed order is
				filed. Response briefs opposing exceptions may be filed within ten days
				thereafter. Enlargement of time may be granted for good cause shown with leave
				of a presiding officer or hearing examiner.
(2) Briefs on exceptions and response briefs
				must specifically set forth the precise portions of the proposed decision to
				which the exception is taken, the reason for the exception, authorities on
				which the party relies, and specific citations to the transcript, if prepared.
(3) An original of each brief on
				exceptions and response briefs shall be filed with the commission, and be
				accompanied by a certificate of service showing proof of service on each
				party's representative.
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 38.2.48 - Commission Decisions and Orders, Exceptions, Rehearings and Reconsideration › Rule 38.2.4804 - ORAL ARGUMENT TO COMMISSION AFTER PROPOSED DECISION

Current through Register Vol. 13, July 5, 2024
(1) Any party may
				petition the commission for oral argument after the issuance of a proposed
				decision. Such request may be included in a brief on exceptions or response,
				but must be filed no later than the last day to file responses.
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 38.2.48 - Commission Decisions and Orders, Exceptions, Rehearings and Reconsideration › Rule 38.2.4805 - REHEARINGS

Current through Register Vol. 13, July 5, 2024
(1) Before issuance
				of a commission decision, or after the issuance of a proposed decision, a party
				to a proceeding may file with the commission an application to set aside
				submission and reopen the proceeding for the taking of additional
				evidence.
(2) Such application
				shall specify the facts claimed to constitute grounds in justification thereof,
				including material changes of fact or of law alleged to have occurred since the
				conclusion of the hearing, and shall contain a brief statement of proposed
				additional evidence and an explanation as to why such evidence was not
				previously adduced.
(3) Within ten
				days following the service of any petition to reopen, any other party may file
				a brief in opposition; if no brief is filed, a party's objection shall be
				deemed waived .
(4) The commission
				on its own motion may reopen any proceeding after final submission when it has
				reason to believe that conditions of fact or law have so changed as to require,
				or that the public interest requires the reopening of such proceeding. The
				commission may limit the reopened hearing to matters alleged in the petition
				and proof thereof.
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 38.2.48 - Commission Decisions and Orders, Exceptions, Rehearings and Reconsideration › Rule 38.2.4806 - RECONSIDERATION

Current through Register Vol. 13, July 5, 2024
(1) Within ten days
				after an order or decision has been made by the commission, any party may apply
				for a reconsideration in respect to any matter determined therein. Such motion
				shall set forth specifically the ground or grounds on which the movant
				considers said order or decision to be unlawful, unjust, or
				unreasonable.
(2) Motion for such a
				reconsideration shall not excuse any corporation or person or public utility
				from complying with or obeying any order or decision or any requirement of an
				order or decision of the commission, or operate in any manner to stay or
				postpone the enforcement thereof except as the commission may by order direct
				as provided by law.
(3) If, after
				such motion for reconsideration is filed, the commission is of the opinion that
				the original order or decision is in any respect unjust or unwarranted, or
				should be changed, the commission may abrogate, change, or modify the
				same.
(4) A motion for
				reconsideration shall not be well taken unless accompanied by a supporting
				brief.
(5) A motion for
				reconsideration shall be deemed denied when it has not been acted upon within
				20 days of its filing.
(6) A
				commission order is final for purpose of appeal upon the entry of a ruling on a
				motion for reconsideration, or upon the passage of 20 days following the filing
				of such a motion, whichever event occurs first.
(7) Reconsideration is not available in
				regard to the granting of a motion for protective order.
(8) If and only if a party applies to a court
				for an injunction staying or suspending the operation of a commission order,
				within the applicable statutory deadlines, does the filing of a motion for
				reconsideration become optional for the purpose of finalizing a commission
				order for appeal.
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 38.2.48 - Commission Decisions and Orders, Exceptions, Rehearings and Reconsideration › Rule 38.2.4807 - APPEALS

Current through Register Vol. 13, July 5, 2024
(1) Appeals of a commission decision are as
				provided by law.
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 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5001 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Terminology used in these rules has the following meanings,
				  except where the context clearly indicates otherwise:
(1) "Confidential information" means
				information that the commission may lawfully withhold from public disclosure by
				issuing a protective order in accordance with these rules;
(2) "Consumer counsel" means the Montana
				Consumer Counsel and staff of the Montana Consumer Counsel;
(3) "Information" includes knowledge,
				observations, opinions, data, facts, and the like, whether recorded or
				communicated in writing, orally, electronically, or otherwise, and whether
				provided through pleadings, reports, exhibits, testimony, work papers, or
				similar items or attachments to such items, or in response to discovery,
				subpoena, order, audit, investigation, or other request;
(4) "Legal counsel" means an individual
				authorized to practice law before the commission in a proceeding in which a
				protective order has been issued, and who represents a party to the
				proceeding;
(5) "Provider" or
				"providing party" means the person in possession of confidential or claimed
				confidential information who requests a protective order; and
(6) "Requesting party" means the person
				requesting access or granted access to confidential information.
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5002 - PROTECTIVE ORDERS AND RULES-RELATIONSHIP, WAIVER, SPECIAL PROVISIONS, INAPPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) If conflict
				exists between these rules and a protective order, the protective order
				controls.
(2) Requests for waiver
				of one or more of these rules will not be routinely granted, but may be granted
				for good cause. Requests for waiver must include a concise statement of the
				reasons for the request.
(3)
				Requests that special provisions or terms and conditions not provided by these
				rules be included in a protective order will not be routinely granted, but may
				be granted for good cause. Requests for special provisions or terms and
				conditions must include proposed language and a concise statement of the
				reasons for the request.
(4) These
				rules do not apply to all information in the possession of the commission which
				may be lawfully withheld from public disclosure. Generally, these rules apply
				to confidential information necessary to commission regulation and
				decision-making, normally but not exclusively in a contested case process.
				Information to which these rules do not apply includes agency personnel records
				or identities of certain informants or complainants. Also, these rules do not
				apply to information, access to which will create a risk of personal safety or
				impede law enforcement efforts.
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5003 - PROTECTION OF INFORMATION-"90-DAY RULE" (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5004 - TERM PROTECTIVE ORDERS

Current through Register Vol. 13, July 5, 2024
(1) On the motion
				of a provider, the commission may issue a "term protective order," which is a
				protective order applicable to specific confidential information expected to be
				required periodically by the commission. An example of such information would
				be information supplied in response to routine or repetitive reporting
				requirements, such as commission annual reports or information required by
				special commission order. A term protective order may be effective for a period
				of not more than four years. The requirements for requesting, for issuing, and
				for gaining access to confidential information under a term protective order
				are the same as the requirements applicable to protective orders under these
				rules.
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5007 - PROTECTIVE ORDER-REQUESTS, TIMING OF REQUESTS, AND PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Confidential information will be
				protected only on commission approval of a request by a provider.
(2) Prior to requesting a protective order,
				the provider must determine, following a thorough legal and factual
				examination, that all information claimed to be confidential is a trade secret
				or otherwise legally protectible.
(3) The facts and legal analysis contained in
				a request for protective order must make clear to the commission the basis for
				the request, and must make a prima facie showing of confidentiality. Unless the
				commission has granted a waiver pursuant to ARM
				38.2.5002, the request for
				protective order must include:
(a) an
				identification of the person, including contact information (phone number and
				e-mail address) to whom communications from commission staff, parties, and
				interested persons may be made;
(b)
				a complete and specific nonconfidential identification, description, and
				explanation of the information, item by item or by category of items which are
				alike, of all information for which protection is requested, suitable for
				meaningful use in testimony, arguments, public discussion, orders, and the
				public record;
(c) a complete and
				specific factual basis, supported by affidavit of a qualified person, that
				supports the claim of confidential information; and
(d) a complete and specific legal analysis,
				explaining why the information is confidential information.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5008 - PROTECTIVE ORDER-ISSUANCE, CHALLENGE TO CONFIDENTIALITY, BURDEN ON PROVIDER, NOTICE OF CHANGE OF STATUS OF PROTECTED INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Protective orders will include all or
				part of these rules by reference, will include a general nonconfidential
				description of the protected information, may waive certain of these rules and
				may include special terms and conditions.
(2) Challenges to a protective order must be
				in accordance with (3).
(3)
				Protective orders establish a procedure for handling confidential information.
				Issuance of a protective order means the commission has determined at least
				that the request for protective order conforms to these rules, and makes a
				prima facie showing that the information for which protection is requested is
				confidential information. A person with proper standing, or the commission on
				its own motion, may challenge arequest for protective order or a protective
				order by using the following procedure:
(a) A
				motion and supporting memorandum challenging a protective order or a request
				for a protective order must be filed with the commission and served on the
				providing party. The providing party must file a response to the motion within
				ten business days of service. Service means physical delivery or deposit in the
				mail. If necessary, following receipt of the response the commission will set
				the challenge for hearing.
(b) If
				the commission determines that information should be removed from protection,
				the information will remain protected under the governing protective order for
				a reasonable period, to be established in the commission ruling, to allow the
				provider time to appeal the commission decision.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5010 - PROTECTIVE ORDER-EXTENSION TO ADDITIONAL INFORMATION, EXTENSION TO OTHER PROVIDERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5014 - PROTECTIVE ORDER-STANDARD TERMS AND CONDITIONS -GENERAL

Current through Register Vol. 13, July 5, 2024
(1) Confidential information must not be
				provided to, disclosed to, discussed with, or accessed by any person, including
				legal counsel, who has not first signed a commission-approved nondisclosure
				agreement, thereby agreeing to access, maintain, use, and disclose confidential
				information in strict accordance with the governing protective order and these
				rules. All persons who are entitled to receive or access confidential
				information shall neither use nor disclose the confidential information for any
				purpose other than the purposes of preparation for and conduct of the
				proceeding before the commission in which the protective order has been issued,
				and then solely as contemplated in the governing protective order and these
				rules, and shall take reasonable precautions to keep the confidential
				information secure in accordance with the purposes and intent of the protective
				order and these rules.
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5015 - PROTECTIVE ORDER-STANDARD TERMS AND CONDITIONS -IDENTIFICATION OF CONFIDENTIAL INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Except as
				otherwise ordered by the commission, confidential or claimed confidential
				information must be provided and maintained at all times on yellow paper, and
				must be clearly marked and maintained as marked in a fashion substantially
				equivalent to "confidential - subject to protective order, [or provisional
				protective order] PSC Docket No. (insert docket number)" and may include
				additional markings not inconsistent with the governing protective order and
				these rules.
(2) On request and for
				good cause the commission will authorize the provision of confidential or
				claimed confidential information through a medium other than yellow
				paper.
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5016 - PROTECTIVE ORDER-STANDARD TERMS AND CONDITIONS -PROVIDING CONFIDENTIAL INFORMATION-NON-CONFIDENTIAL WRITTEN SUMMARY (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5017 - PROTECTIVE ORDER-STANDARD TERMS AND CONDITIONS -PROVIDING CONFIDENTIAL INFORMATION-GENERAL

Current through Register Vol. 13, July 5, 2024
(1) On
				request of a requesting party, the provider shall provide confidential
				information pursuant to the governing protective order. The commission and all
				requesting parties having access to confidential information shall take
				appropriate action in good faith to mitigate the effect of provider errors in
				supplying confidential information, such as mismarking or misdirecting, upon
				discovery of the error or upon notice of the error by the provider or the
				commission.
(2) Except as described
				at ARM 38.2.5023 and below, confidential
				information is only available from the provider and only available in
				accordance with the governing protective order, and confidential information is
				not to be obtained from the commission or others, including the consumer
				counsel. However, the commission may allow inspection of confidential
				information maintained at the commission office, by any person having signed,
				filed with the commission, and served on the provider a nondisclosure agreement
				ten days before asking to inspect the confidential information.
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5020 - PROTECTIVE ORDER-STANDARD TERMS AND CONDITIONS -MAINTENANCE AND USE OF CONFIDENTIAL INFORMATION-GENERAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5021 - PROTECTIVE ORDER-STANDARD TERMS AND CONDITIONS -USE OF CONFIDENTIAL INFORMATION-GENERAL

Current through Register Vol. 13, July 5, 2024
(1) Where
				written or oral reference to confidential information is required, reference
				must be by general citation of title or exhibit number or by nonconfidential
				description and summary, such as the nonconfidential summary supplied by the
				provider pursuant to ARM
				38.2.5007(3)(b).
				If further reference to confidential information is necessary, oral reference
				must be presented in camera and written reference must be separated, clearly
				marked, filed with the commission in a sealed envelope, and served only on
				legal counsel for each party.
(2)
				Where reference to confidential information is required in a commission
				decision, every effort will be made to make such reference through
				nonconfidential summary. If it is not possible to make such reference by
				nonconfidential summary, such reference must be separated, clearly marked,
				placed in a sealed envelope, and served only on legal counsel for each
				party.
(3) Where in camera
				proceedings are recorded, stenographically or otherwise, the recording and all
				transcription of the recording must be separated, clearly marked, sealed in an
				envelope, and served on the commission and legal counsel for each party who has
				ordered a record of the proceedings. The person recording the in camera
				proceeding and the person transcribing the recording of the in camera
				proceeding must comply with the governing protective order and must sign a
				nondisclosure agreement.
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5022 - PROTECTIVE ORDER-STANDARD TERMS AND CONDITIONS -ACCESS AND MAINTENANCE OF CONFIDENTIAL INFORMATION-COMMISSION

Current through Register Vol. 13, July 5, 2024
(1)
				Except as otherwise provided by the commission in a protective order,
				commissioners and commission staff, may have access to all confidential
				information made available pursuant to protective order, and shall be bound by
				the terms of the protective order.
(2) While in the custody of the commission or
				requesting parties, confidential orclaimed confidential information must remain
				on yellow paper and remain marked with a clear indication that the information
				has been designated confidential information in a proceeding before the
				commission. Confidential or claimed confidential information maintained by the
				commission will be kept in a separate locked file cabinet, except when
				commissioners or commission staff are reviewing the information as part of
				their regulatory responsibilities. Requesting parties must similarly ensure
				that confidential information is kept separate and secure, and only accessible
				by individuals who are lawfully entitled to see the information by the terms of
				the protective order.
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5023 - PROTECTIVE ORDER-STANDARD TERMS AND CONDITIONS -ACCESS AND MAINTENANCE OF CONFIDENTIAL INFORMATION-PARTIES

Current through Register Vol. 13, July 5, 2024
(1) The
				provider, and legal counsel for requesting parties who have been granted access
				to confidential information, must give confidential information to legal
				counsel for requesting parties, when legal counsel for requesting parties has
				signed a nondisclosure agreement pursuant to these rules. Access to
				confidential information may be authorized by legal counsel to expert witnesses
				of the requesting party. Except as otherwise agreed to by the provider, the
				designated expert may not be an officer, director, or employee of any party, or
				an officer, director, employee, stockholder, or member of an association or
				corporation of which any party is a member or affiliate. Prior to giving access
				to an expert, legal counsel shall deliver a copy of the governing protective
				order and these rules to the expert and the expert shall sign a nondisclosure
				agreement. A copy of the nondisclosure agreement must be served on the
				provider.
(2) When it is not
				feasible that confidential information be provided to counsel and experts,
				confidential information may be made available by the provider for inspection
				by legal counsel and experts at a place and a time mutually agreed on by the
				provider and the party, or as directed by the commission.
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5024 - PROTECTIVE ORDER-STANDARD TERMS AND CONDITIONS -ACCESS AND MAINTENANCE OF CONFIDENTIAL INFORMATION-EMPLOYEE EXPERTS OF PARTIES

Current through Register Vol. 13, July 5, 2024
(1) Legal counsel for a requesting party may
				propose access to confidential information by an employee expert of the
				requesting party in accordance with the following procedure.
(a) Legal counsel for the requesting party
				shall serve written notice on the legal counsel for the provider of the intent
				to provide confidential information to an employee expert of the requesting
				party. The notice must contain the name, title, job description, description of
				previous positions and experience, and area of expertise of the employee expert
				accessing the information.
(b)
				Within ten business days of service of notice, the provider must serve on the
				requesting party in writing either an objection or a statement indicating no
				objection.
(c) If the requesting
				party receives a statement of no objection, legal counsel for the requesting
				party may provide access to the information by the designated employee expert
				in accordance with the governing protective order.
(d) If the requesting party receives an
				objection within the time required, the requesting party and provider must
				attempt to resolve the objection. If the parties are unable to resolve the
				objection, the requesting party may apply to the commission for a ruling.
				Access to the information shall not be given to the designated employee expert
				pending ruling by the commission.
(e) The standard applied by the commission
				when determining a question of employee expert access to confidential
				information is whether access would be reasonably likely to jeopardize the
				confidential nature of the information.
(f) A party dissatisfied with a ruling by the
				commission may appeal to the district court, and, pending appeal, the
				information must not be disclosed to the designated employee expert.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5027 - PUBLIC ACCESS TO CONFIDENTIAL INFORMATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
69-3-103,
					 MCA; IMP,
					 69-3-105,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5028 - PROTECTIVE ORDER-STANDARD TERMS AND CONDITIONS -ACCESS AND MAINTENANCE OF CONFIDENTIAL INFORMATION-PUBLIC

Current through Register Vol. 13, July 5, 2024
(1) A
				person not a party to a proceeding in which a protective order has been issued
				may request access to confidential information in accordance with the following
				procedure.
(a) The person shall serve a
				written request to access confidential information on the commission and legal
				counsel for the provider. The request must include the name and address of the
				person, an identification of the information for which access is requested, the
				reason access is requested, and the intended use of the information if access
				is granted.
(b) Within ten business
				days of service of the request the provider must either object in writing,
				clearly stating the reasons for the objection, or indicate in writing that the
				provider has no objection. An objection and statement of no objection must be
				served on the person and the commission.
(c) If the person and the commission receive
				a statement of no objection, the person may access the protected information in
				accordance with the governing protective order.
(d) If the person and the commission receive
				an objection, the person and the provider must attempt to resolve the
				objection. If unable to resolve the objection, either the person or the
				provider may apply to the commission for a ruling. Access to the information
				will not be given to the person pending ruling by the commission.
(e) The standard applied by the commission in
				determining a question of access to confidential information is whether access
				would be reasonably likely to jeopardize the confidential nature of the
				information.
(f) Dissatisfaction
				with a ruling by the commission may be appealed to the district court, and,
				pending appeal, the information must not be disclosed to the designated
				person.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5030 - CONFIDENTIAL INFORMATION-REMOVAL OF PROTECTION, RETURN TO PROVIDER

Current through Register Vol. 13, July 5, 2024
(1) Confidential information remains
				protected permanently, whether or not returned to the provider, unless:
(a) the commission otherwise orders following
				notice and opportunity to be heard;
(b) the provider agrees otherwise, in
				writing, communicated to each person having obtained access to the confidential
				information; or
(c) a court having
				jurisdiction over the subject matter and persons affected otherwise
				orders.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.2 - PROCEDURAL RULES › Subchapter 38.2.50 - Protective Orders and Protection of Confidential Information › Rule 38.2.5031 - INFORMATION TRANSPARENCY RULE

Current through Register Vol. 13, July 5, 2024
(1) Any
				information held in the possession of the commission is open to the public for
				inspection and copying in accordance with
				2-6-102, MCA, during
				regular business hours, as defined by
				2-16-117, MCA,
				except for information listed in (2).
(a)
				Information includes: pleadings, petitions, applications, motions,
				communications, exhibits, reports, records, accounts, files, papers, and
				memoranda or other document(s) of every nature.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.101 - GENERALLY

Current through Register Vol. 13, July 5, 2024
(1) The rules in chapter 3 shall apply to the
				enforcement of and compliance with the Montana Motor Carrier Act (
				69-12-101,
				et seq., MCA). All statutory authority cited in chapter 3 is derived from the
				Montana Code Annotated, as amended, unless otherwise indicated.
Sec.
					 69-12-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) Definitions of terms as utilized under
				the Montana Motor Carrier Act generally shall be that meaning as utilized
				within the motor carrier industry or utilized by this commission in prior
				commission policy.
Sec.
					 69-12-201,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.103 - VICINITY, TRIBUTARY, RADIUS, BETWEEN

Current through Register Vol. 13, July 5, 2024
(1)
				Unless otherwise specified the following words, terms and phrases used in the
				orders, certificates and permits issued by the commission shall be given the
				following meanings:
(a) The words, "adjacent
				to," "vicinity," "immediate vicinity" and "immediately tributary thereto" mean
				a distance not over ten miles from the point designated.
(b) The words "tributary thereto" mean a
				distance not over 50 miles from the point designated.
(c) The word "miles" means road miles and not
				straight line or "air miles," including when used in conjunction with
				"radius."
(d) The measure of
				"radius" or distance shall be by public roads and highways and not by straight
				line or by "air miles." All applications must be accompanied by maps showing
				distances by road or highway. The origin point of such "radius" is deemed to be
				the principal federal building in the municipality, town or community
				enumerated within the operating certificate. However, in the absence of such
				"principal federal building," the United States post office building of any
				municipality, town or community is deemed the origin point for determining the
				mileage of such "radius." In the event any "radius" arises from the
				geographical description of a county, then the origin point of such radius is
				deemed the point of intersection of the county line and the public highway
				being traversed.
(e) Unless
				otherwise specified, an order, certificate or permit granting authority to
				transport persons or property to or from places within a specified radius of
				distance tributary to a specified city, town or place does not authorize
				transportation within such radius or distance, unless either the point of
				origin or destination is the specified city, town or place.
(f) The word "between" in certificates
				authorizing common carrier regular route service between fixed termini,
				includes all intermediate points unless a specific exclusion or limitation
				appears in such certificates.
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.104 - "CONTRACT" VS. "COMMON" CARRIER

Current through Register Vol. 13, July 5, 2024
(1) A "contract"
				carrier is one who hauls for six or less than six shippers under contract or
				special agreement.
(2) A "common"
				carrier is one who holds himself out to serve all the general public for
				business at regular rates and charges filed with this commission.
(3) A "contract" carrier may convert to a
				"common" carrier only through proper application and opportunity for hearing as
				provided in
				69-12-312
				and
				69-12-321,
				MCA.
(4) A transportation network
				carrier is neither a contract carrier nor a common carrier.
AUTH:
					 69-12-201,
					 MCA; IMP:
					 69-12-302,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.105 - DEFINITION OF VEHICLES DELIVERED BY TRAILAWAY OR TRUCKAWAY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-101(7),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.106 - COMMERCIAL, AREA EXEMPTION

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of applying the exemption from the Montana Motor Carrier Act contained
				in
				69-12-102(d),
				MCA, the term "commercial areas" shall include all points within a distance not
				exceeding two miles from the post office of any city, town or village with a
				population of less than 500 persons, according to the latest United States
				census.
Rules 7
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-102(d),
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.116 - TRANSPORTING FOR HIRE ON A COMMERCIAL BASIS

Current through Register Vol. 13, July 5, 2024
(1) Every motor
				carrier as defined within the Montana Motor Carrier Act (
				69-12-101,
				MCA) is deemed to be in the business of transporting people or property for
				hire on a commercial basis upon the public highways of the state of Montana.
				Any business venture or business transaction inconsistent with the status of
				the carrier as providing common carriage, contract carriage, or transportation
				network carrier service, is deemed not within the interest of providing and
				maintaining a public transportation system and is prohibited. Such business
				ventures or transactions include transportation movements of private carriage,
				so-called "buy and sell" agreements, or operating under so-called "brokerage
				agreements," and are prohibited.
AUTH:
					 69-12-201,
					 MCA; IMP:
					 69-12-106,
					 MCA
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.118 - LOST OR MISPLACED OPERATING AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1)
				When an original or copy of the certificate or permit is lost, the owner may
				have it replaced by making an affidavit of the facts surrounding the loss and
				applying to the commission for a duplicate.
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-101,
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.119 - COPIES OF COMMISSION RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-101,
					 et seq., MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.120 - FAILURE OF ANY OWNER, DRIVER OR OPERATOR TO COMPLY WITH RULES

Current through Register Vol. 13, July 5, 2024
(1) Failure on the part of any owner, driver
				or operator of a motor vehicle to comply with chapter 3 and the requirements of
				the Montana Code Annotated and acts amendatory thereof and supplemental thereto
				covering motor vehicles, will be a sufficient cause for the commission in its
				discretion, to revoke a certificate or permit.
Sec.
					 69-12-201,
					 MCA; IMP, Secs.
					 69-12-327,
					 69-12-401
					 and
					 69-12-402,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.121 - FILING BUSINESS ADDRESSES AND TELEPHONE NUMBERS

Current through Register Vol. 13, July 5, 2024
(1) All intrastate and interstate motor
				carriers shall maintain current business mailing addresses and business
				telephone numbers on file with the commission at all times. Intrastate motor
				carriers shall also maintain on file with the commission at all times a current
				business address where the business records of the carrier are maintained and
				may be inspected by the commission or its personnel.
Secs.
					 69-12-201
					 and
					 69-12-204,
					 MCA; IMP, Secs.
					 69-12-201
					 and
					 69-12-204,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.122 - BONA FIDE FARMER, RANCHER, OR RAISER OF LIVESTOCK (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 69-12-201,
					 MCA; IMP, Sec.
					 69-12-405,
					 MCA;
Administrative Rules of Montana › Department 38 - PUBLIC SERVICE REGULATION › Chapter 38.3 - MOTOR CARRIERS › Subchapter 38.3.1 - Definitions and General Rules › Rule 38.3.124 - RECEIPT CONTENT

Current through Register Vol. 13, July 5, 2024
(1) For purposes of
				this rule, "receipt" has its common meaning and also includes a bill of lading,
				trip ticket, log sheet, and like documents or records evidencing a
				transportation movement.
(2) When a
				commission-regulated motor carrier provides a receipt to a shipper or a
				passenger or maintains a receipt for its own records, whether required by law
				to do so or does so as a matter of policy, the receipt shall include sufficient
				information that the commission can readily determine that charges are in
				accordance with the motor carrier's tariffs, if applicable, and that the
				movement is within the scope of the motor carrier's authority.
AUTH:
					 69-12-201,
					 MCA; IMP:
					 69-11-421,
					 69-12-203,
					 MCA