Current through December 10, 2024
Rule 26-1-1.10 - ORDERS OF THE BOARD(A) The prevailing party in any hearing before the Board shall prepare a proposed Order for review and approval by the Board which shall specify findings of fact and conclusions of law. If an uncontested matter is denied the Board shall inform the party of the reasons for the denial so that the party can prepare the Order. Upon written request of any party to a contested docket, the Board shall include in its Order or separately render written findings of fact and conclusions of law setting forth the reasons for the Boards decision. The request may be made either before or after the hearing. (B) For all uncontested matters that have been approved by the Board whether by affidavit or after a hearing, the petitioner shall prepare and mail or hand deliver a proposed order to the Board not later than 5 p.m. Monday following the regular Board Meeting if heard and decision made on Wednesday or 5 p.m. Tuesday if heard and/or decision made on the Thursday following the Wednesday of docket call after the hearing. (C) For all contested matters before the Board, the prevailing party shall mail or hand deliver to the Board and all parties participating in the hearing a proposed order not later than 5 p.m. Wednesday following the regular Board Meeting if heard and decision made on Wednesday or 5 p.m. Thursday if heard and/or decision made on the Thursday following the Wednesday of docket call for the prevailing party to deliver a proposed order to other participating parties after the hearing on the matter concludes. The parties receiving the proposed order shall prepare and mail or hand deliver any objections in writing not later than 5 p.m. on Tuesday following the aforementioned Wednesday or 5 p.m. on Wednesday following the aforementioned Thursday to respond with objections to proposed order, if any, after receipt. If the parties cannot agree as to the form of the Order, the Board shall determine the proper form and inform the prevailing party who shall incorporate any necessary changes and submit the order for the Board. (D) On all matters heard by the Board, the signed Order shall be filed with the Board with all deliberate speed but in no event more than thirty (30) days after the final decision. MCA Section 53-1-17(3) (1972)