ARM 36.12.204. HEARING NOTICE AND APPOINTMENT OF HEARING EXAMINER

(1) The department shall serve all parties with a hearing notice and appointment of hearing examiner: (a) within 30 days of issuing a preliminary determination to deny an application pursuant to 85-2-310, MCA; or (b) within 30 days of the applicant filing a written request for a hearing on a preliminary determination to grant application in modified form pursuant to 85-2-310, MCA; or (c) within 30 days after determining the validity of objections to application pursuant to 85-2-308 and 85-2-309, MCA. (2) A hearing notice and appointment of hearing examiner in all contested cases shall include: (a) a short and plain statement regarding each of the requirements set forth in 2-4-601, MCA; (b) name, address, and telephone number of the hearing examiner; (c) notification of the right of the parties to be represented by legal counsel; (d) notification that the failure of a party to appear at the hearing may result in default against a party; and (e) a citation to these procedural rules and to the contested case provisions of Title 2, chapter 4, part 6, MCA. (3) A hearing notice and appointment of hearing examiner involving an objection to application pursuant to 85-2-308 and 85-2-309, MCA, shall include: (a) a copy of all valid objections; and (b) the name, address, and telephone number of each objector or the objector's attorney if represented. (4) A hearing notice and appointment of hearing examiner in a show cause proceeding conducted following a preliminary determination to deny an application or to grant application in modified form pursuant to 85-2-310, MCA, shall include a statement that the proceeding is subject to the informal contested case proceedings provisions of 2-4-604, MCA. (5) A hearing notice and appointment of hearing examiner shall be served not less than 30 days prior to the hearing unless the parties agree in writing to a shorter notice time period. (6) Except as required under the circumstances of ARM 36.12.232, no hearing shall be scheduled on a Saturday, Sunday, or legal holiday. (7) Service of a hearing notice and appointment of hearing examiner constitutes the commencement of a contested case proceeding before the department. (8) When a party is represented by an attorney, service upon the attorney shall constitute service upon the party.