ARM 24.9.404. FILING AND DOCKETING FOR HEARING

(1) Petitions for declaratory rulings must be filed at the offices of the Human Rights Bureau, Department of Labor and Industry, P.O. Box 1728, Helena, MT 59624-1728. (2) Petitions for declaratory rulings may be heard by the full commission, by a single member of the commission, or by a hearing examiner appointed by the commission. (3) Upon the filing of a petition for a declaratory ruling the department shall review the sufficiency of the petition for compliance with ARM 24.9.403, the standing of the petitioner, the existence of a genuine case or controversy, the availability of other adequate remedies at law, subject matter jurisdiction, multiplicity of proceedings, lack of a substantial legal question or other defects apparent on the face of the petition. (4) If it appears the petition is adequate as a matter of law and there are reasonable grounds for it to be heard, the department shall assign the petition to a hearing examiner for hearing or set the matter for hearing before the commission. If the petition is defective as a matter of law or there are no reasonable grounds for it to be heard, the department shall present the petition to the commission for its consideration.