Mont. Admin. R. 38.2.3603 - DISQUALIFICATION OF EXAMINERS

(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.

Notes

Mont. Admin. R. 38.2.3603

NEW, 1977 MAR p. 1200, Eff. 12/24/77.

69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(3), MCA; IMP, 69-2-101, MCA;