ARM 23.6.106. TOW TRUCK COMPLAINT RESOLUTION COMMITTEE - JURISDICTION AND PROCEDURE

(1) Pursuant to 61-8-912, MCA, the committee shall review and resolve complaints about tow truck issues, including towing charges. (2) The committee shall have the authority to act as a hearing examiner in contested cases with the powers set forth in 2-4-611, MCA, and shall have the authority to issue recommended proposals for decision as discussed in 2-4-621, MCA. The attorney general shall review the recommended proposal and make the final decision. (3) Complaints must be signed and submitted in writing to a member of the committee. The complaint must identify the tow truck operator against whom it is filed and include a description of the underlying facts giving rise to the complaint. (4) After receiving a written complaint, the committee will: (a) give all parties to the dispute reasonable notice of the date, time, and location at which the committee will hear the complaint; (b) request notification by any party of its desire to call witnesses, and the proposed subject of the witnesses' testimony; (c) provide the complaining party an opportunity to address the committee regarding his or her complaint; (d) provide the responding party an opportunity to answer the complaining party; (e) provide any other party an opportunity to address the committee regarding the complaint; (f) provide any witness the committee deems relevant an opportunity to address the committee; (g) keep a tape recording of the hearing that may be copied or transcribed at the request of any person who pays the cost thereof; and (h) issue a written proposal for decision which may be contested before the attorney general pursuant to 2-4-621, MCA. (5) If after a hearing, the committee finds the complaint to have merit, the committee may in its recommended proposal: (a) issue a warning; (b) suspend the operator from participating in the state rotation system for six months; (c) permanently suspend the operator from participating in the state rotation system; or (d) issue some other sanction that a majority of the committee agrees is appropriate.