ARM 2.59.1716. COSTS IN BRINGING THE ADMINISTRATIVE ACTION

(1) Costs in bringing the administrative action as used in 32-9-133, MCA, include: (a) administrative law judge charges; (b) court reporter fees; (c) transcription cost as provided under 2-4-614, MCA; (d) exhibit preparation cost if the exhibit was admitted into evidence at the hearing; (e) deposition cost if the deposition was used at the hearing; (f) fees, if any, for service of subpoenas; (g) witness fees and mileage for the department's lay/fact witnesses; and (h) mileage for the department's expert witness if the expert appears personally and testifies at the hearing. (2) Nothing in this rule limits the department's authority under 32-9-130, MCA, to charge for a special examination performed before a department decision to initiate a contested case under the Montana Administrative Procedure Act and upon which the decision is based in whole or in part. The manner of calculating the charge for a special examination is the same as for a regularly scheduled compliance examination under 32-9-130(7), MCA.