Page 6
a. assure orderly conduction of pre-hearing and hearing procedures; and b. avoid unnecessary proceedings or expense. 3. Depositions upon oral examination, or written questions; 4. Written interrogatories; and, 5. Other materials as necessary for the hearing. NOTE: Upon request, the Hearing Officer may issue witness subpoenas or subpoenas duces tecum. The Hearing Officer has the right to: 1. File an affidavit disqualifying himself due to personal bias or other reasons; 2. Require all parties to attend a pre-hearing to define and simplify the hearing issues or other matters; 3. Allow a third party to act as the claimant’s authorized representative when good cause is shown for the authorization not being in writing. 4. Take judicial notice of state and federal laws and regulations and facts within the general knowledge of the public; and, 5. Grant summary judgment according to the provisions of Rule 56, Montana Rules of Civil Procedure. APPEALS TO BOARD OF PUBLIC ASSISTANCE: All parties to a hearing have the right to appeal the hearing officer’s decision to the Board of Public Assistance (Board). The Board’s final decision can be appealed to district court. The claimant/authorized representative may file exceptions, present briefs and present oral arguments. When the Department appeals the Board’s decision, Office of Legal Affairs represents the Department, and will file exceptions, present briefs and present oral arguments. Before providing a decision, the Board considers: 1. The Fair Hearing Officer's Proposed Decision; 2. Exceptions filed; 3. Briefs received; 4. Oral arguments; and 5. The hearing record. The Board must make its decision within 90 days of the original fair hearing request. NOTICE OF DECISION: The Fair Hearing Officer/Board notifies the claimant, Fair Hearing Unit and other interested parties of its decision, and of their right to appeal the decision. IMPLEMENTING DECISION: