Montana Title 50. Health and Safety § 50-4-711. Procedures

(1) In the hearing required by 50-4-710, the commissioner and the attorney general shall agree on and jointly appoint a qualified person to preside over the hearing. The commissioner, the attorney general, the transferor, and the transferee may use discovery procedures as provided in Title 25, chapter 20. Except as otherwise specifically provided in this section, the procedures for conducting a contested case hearing, as provided in 2-4-611(3) and (4), 2-4-612 through 2-4-614, and 2-4-621 through 2-4-623, and the procedures for judicial review of contested case decisions under Title 2, chapter 4, part 7, apply.

(2) Notwithstanding any otherwise applicable rule of evidence, the commissioner and attorney general shall provide for the receipt of comments from the public in writing or on the record at the hearing. Oral public comments are not subject to cross-examination without the consent of the person providing the comments. However, the commissioner and the attorney general may rely on factual information provided in public comment only if the person providing the comment consents to cross-examination or the commissioner or the attorney general makes a specific finding that the factual information meets the requirements of Rule 804(b)(5) of the Montana Rules of Evidence.