ARM 17.38.262. GRANT OF A VARIANCE OR EXEMPTION

(1) At a public hearing held pursuant to ARM 17.38.244, a presiding officer shall accept information, comments and data from persons relevant to the terms proposed by the department for a variance or exemption and its accompanying compliance plan. The hearing is not subject to the contested case procedure of the Montana Administrative Procedure Act, and cross-examination is not allowed. The presiding officer has the discretion to limit repetitive testimony.