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NOTE: Department representative is required to provide copies of all exhibits they plan to enter into the record to the claimant and Administrative Hearings Officer at least five days prior to the hearing.

3. Bring witnesses to testify on the Department’s behalf. 4. Question or refute testimony of the claimant/authorized representative and his/her witnesses; and, 5. Confront and cross-examine the claimant/authorized representative and his/her witnesses.

HEARING OFFICER’S ROLE:

The Hearing Officer may require:

1. Witnesses. 2. A party to comply with reasonable and appropriate orders or requests not in conflict with the rules and necessary to assure the orderly conduct of prehearing and hearing procedures or to 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: For this purpose, the Hearing Officer may, upon request of any party to the hearing, issue subpoenas for witnesses or subpoenas duce’s tecum.

The Hearing Officer has the right to:

1. Disqualify himself at any time on the filing of a timely and sufficient affidavit of personal bias or other disqualification. 2. Direct the parties to appear and confer in a prehearing conference to consider definition and simplification of the issues or other matters to aid in the orderly and efficient conduct of the hearing. 3. Allow, for good cause shown, a third party to represent a claimant as an authorized representative in those instances where written authorization of the claimant is not obtainable. 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.

ACTION ON DECISION:

The Hearing Officer’s decision will be made within 60 days from the date of the hearing request. The decision becomes final unless the Department or the claimant appeals the decision to the Board of Public Assistance within 15 days of the mailing of the Administrative Hearing Decision (FS 1506-4).