ARM 20.25.904. DECISION

(1) When the board determines that sufficient cause appears, a public hearing will be conducted. The board will hear all relevant facts and information of the petitioner, their counsel and witnesses, as well as any opponents to the petition, with a recording made thereof. Upon conclusion of the hearing the board will take the entire case under advisement and will forward a decision of recommendation to the governor for final determination. A decision of denial will not be forwarded to the governor for final determination. (2) In capital cases, the board will forward a decision of recommendation or denial to the governor for final determination. (3) Under the statutes of Montana the granting of executive clemency is the sole responsibility of the governor.