Mont. Admin. R. 37.5.325 - HEARING PROCEDURE
(1) A claimant's
hearing shall be conducted:
(a) by telephone
conference, unless a party to the hearing requests an in-person hearing;
and
(b) at a reasonable time and
date.
(2) Except as
otherwise provided by department rule, a claimant's hearing shall be held in
the county seat of the county of the claimant's residence, unless the parties
to the hearing agree to a different location. In the case of an appeal of an
adverse action by a county human services or welfare office which is not the
county of the claimant's residence, the hearing may be held in the county whose
adverse action is being appealed at that county's option, if that county agrees
to pay all the actual and necessary expenses incurred by the claimant and
necessary witnesses to attend the hearing.
(3) Hearings for medical assistance providers
and for pharmaceutical manufacturers under Title 37, chapter 86, subchapter 11,
shall be held at Helena, Montana and shall be in person except that the hearing
may be conducted by telephone as mutually agreed by the parties. The department
may designate the place of hearing either by notifying the Office of Fair
Hearings in writing that hearings in a particular program will generally be
held in a particular place or by designating the place of hearing on a case by
case basis.
(4) The hearing officer
shall notify the claimant or provider or his authorized representative by
certified mail at least ten days in advance of the time and place of the
hearing. The claimant or provider may waive in writing the right to ten days
notice.
(a) The notice of hearing shall
include:
(i) the name, address, and telephone
number of the person to notify in the event that it is not possible for the
claimant or provider to attend the hearing;
(ii) notification that the hearing request
will be dismissed if the claimant or provider or his authorized representative
fails to appear at the hearing without good cause;
(iii) with respect to claimants only, the
department's hearing procedures and any other information that would contribute
to claimant's understanding of the proceedings and effective presentation at
the hearing;
(iv) an explanation of
claimant's or provider's rights as enumerated in this rule; and
(v) notification of the claimant's right to
request an in-person hearing.
(5) The claimant or provider shall have
adequate opportunity:
(a) to examine the
contents of his case file, except for those portions which the claimant is
precluded from examining by state or federal law or regulation or directive of
a medical professional, and all documents, and records to be used by the
department at the hearing at a reasonable time prior to the hearing as well as
during the hearing. Portions of the case file, documents, and records that the
claimant is not allowed to examine are not admissible as evidence at the
hearing;
(b) at his option, to
present his case himself or with the aid of an authorized
representative;
(c) to bring
witnesses;
(d) to establish all
pertinent facts and circumstances;
(e) to advance arguments without undue
interference; and
(f) to question
or refute any testimony or evidence, including opportunities to confront and
cross-examine adverse witnesses.
(6) Discovery shall be available to the
parties. The department adopts and incorporates by reference the Attorney
General's Model Rule ARM
1.3.217 which sets forth the
procedures for discovery in contested cases. A copy of the model rule may be
obtained by contacting either the Attorney General's Office, 215 North Sanders,
P.O. Box 201401, Helena, MT 59620-1401 or Department of Public Health and Human
Services, Office of Legal Affairs, 111 N. Sanders, P.O. Box 4210, Helena, MT
59604-4210.
Notes
2-4-201, 53-2-201, 53-2-206, 53-4-212, 53-6-113, 53-7-102, MCA; IMP, 2-4-602, 53-2-201, 53-6-101, MCA;
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