Montana Administrative Code

37.99.213 PRIVATE OUTDOOR PROGRAMS: EXPEDITION: FIELD OFFICE REQUIREMENTS A program must have a field office in Montana. A field office may be a vehicle, a camp, a building, the residential program, or the administrative office. The field office must be staffed and monitored 24 h…

37.99.214 PRIVATE OUTDOOR PROGRAMS: OUTDOOR PROGRAM EXPEDITION STAFF During any expedition: expedition staff must carry a copy of the itinerary placed on file at the field office; expedition staff must remain in contact with the field office via satellite phone, with contacts occ…

37.99.215 PRIVATE OUTDOOR PROGRAMS: COMMUNICATIONS The program must have written policies and procedures establishing a system of communication that meets the following criteria: each group away from the field office must have a satellite phone and extra charged battery packs for…

37.99.216 PRIVATE OUTDOOR PROGRAMS: EXPEDITION: NUTRITIONAL REQUIREMENTS A program must have and follow written policies and procedures on nutritional requirements. Each program must have a written menu that is approved by a qualified dietitian or nutritionist with knowledge of t…

37.99.217 PRIVATE OUTDOOR PROGRAMS: EXPEDITION: WATER REQUIREMENTS A program must have written policies and procedures on expedition water requirements to include: program participants must have access to potable water at all times; water must be available at each expedition camp…

37.99.218 PRIVATE OUTDOOR PROGRAMS: EXPEDITION: PARTICIPANT CLOTHING, EQUIPMENT, AND SUPPLIES Each expedition participant must have appropriate clothing, equipment, and supplies for the types of activities and for the weather conditions likely to be encountered. Clothing, equipme…

37.99.219 PRIVATE OUTDOOR PROGRAMS: OUTDOOR PROGRAM SOLO EXPERIENCE If an outdoor program uses a solo experience as part of the therapeutic or educational process during expeditions, the program must have written policy and procedures for the utilization of the solo experience. P…

38.1.101 ORGANIZATIONAL RULE Organization. The organization, functions, and duties of the Department of Public Service Regulation, and its Commission, divisions, and primary work units are described in this rule. History. Public utility regulation got its start in Montana in 1907…

38.2.101 MODEL PROCEDURAL RULES The Department of Public Service Regulation adopts and incorporates by reference the Attorney General's Model Procedural Rules ARM 1.3.226 through 1.3.229 concerning declaratory rulings. The referenced model rules may be reviewed at the department'…

38.2.1201 PLEADINGS Pleadings shall be in writing, shall state their purpose and shall be signed by the party seeking authorization or relief from the commission, or by his attorney or authorized representative. When no printed form is provided by the commission, the form to be f…

38.2.1202 APPLICATIONS AND PETITIONS--CONTENTS All applications or petitions shall include at least the following: A clear and concise statement of the authorization or other relief sought. The statement shall cite the statutory provisions under which the authority or other relie…

38.2.1203 FORM AND SIZE All documents and pleadings shall be filed electronically in an accessible format. Text documents must be filed in PDF/A format. Spreadsheets must be filed with intact formulas and functions, preferably in Microsoft Excel format. This rule does not apply t…

38.2.1204 TITLE AND DOCKET NUMBER (REPEALED) Authorizing statute(s): 69-1-110(3), 69-2-101, 69-3-103, 69-12-201(2), MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1977 MAR p. 1200, Eff. 12/24/77; REP, 2021 MAR p. 937, Eff. 7/24/21.

38.2.1205 SERVICE An initial pleading which begins a proceeding shall be filed electronically with the commission. All subsequent pleadings must be served either personally, electronically,or by first class mail on all identified parties by the pleading party, and a certificate o…

38.2.1206 CONSTRUCTION All pleadings and documents shall be liberally construed and errors or defects therein which do not mislead or affect the substantial rights of the parties involved shall be disregarded. Authorizing statute(s): 69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(…

38.2.1207 AMENDMENTS Any pleading or document may be amended prior to notice of the hearing. After notice of a hearing is issued, motion for leave to amend any pleading or document may be filed with the commission and may be authorized in the discretion of the commission or the h…

38.2.1208 RESPONSIVE PLEADINGS Any responsive pleadings such as an answer or reply shall comply with the above rules relating to pleadings generally. An answer, if made, must be filed within 20 days, and a reply, if made, must be filed within 10 days, after the service of the ple…

38.2.1209 COPIES Filing parties must provide physical copies of any electronically filed document or pleading upon the request of the commission or commission staff. Authorizing statute(s): 69-1-110, 69-2-101, 69-3-103, 69-12-201, MCA Implementing statute(s): 69-2-101, MCA Histor…

38.2.1501 MOTIONS Prior to the commencement of any hearing all motions must be made in writing to the commission or designated hearing examiner. Motions may be made orally during a hearing and, if the commission, or a hearing examiner requires, shall be submitted to the commissio…

38.2.1801 NOTICE The commission shall give written notice, where required by statute, by first class mail of a hearing at least 20 days in advance thereof to the petitioner, to other parties of record, to parties required by statute to be notified and to such other additional per…

38.2.1802 CONTENTS OF NOTICE The notice shall contain the time, date, place and nature of the hearing. The notice shall also contain the docket number, the date of service of the notice, a statement of the legal authority and jurisdiction under which the hearing is to be held; a …

38.2.1803 DEFAULT ORDERS The commission may, in its discretion, issue a notice which complies with the foregoing rule, and which affords interested persons an opportunity to request a hearing within a specified time. If no hearing is requested within the specified time, the commi…

38.2.2101 WHO MAY COMPLAIN Complaints may be made by the commission on its own motion or by any person, having a legal interest in the subject matter, or any public utility concerned. Any public utility or other person likewise may complain of anything done or omitted to be done …

38.2.2102 CONTENTS Complaints under this rule shall set forth in numbered paragraphs: The full name, post office address and telephone number of each complainant and his attorney or representative, if any. The full name, post office address and telephone number of each defendant …

38.2.2103 COPIES (REPEALED) Authorizing statute(s): 69-1-110(3), 69-2-101, 69-3-103, 69-12-201(2), MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1977 MAR p. 1200, Eff. 12/24/77; REP, 2021 MAR p. 937, Eff. 7/24/21.

38.2.2104 PROCEDURE UPON RECEIPT OF COMPLAINT The commission as regards a complaint issued by the commission, or upon receipt of a formal written complaint which is in substantial compliance with these procedural rules and which appears to state a cause of action within the commi…

38.2.2105 AMENDMENTS TO COMPLAINTS Amendments to complaints shall comply with all requirements of a complaint as heretofore enumerated. The amendment may, in the discretion of the commission, be allowed. Authorizing statute(s): 69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(3), MC…

38.2.2106 STATEMENT OF SATISFACTION OF COMPLAINT If the defendant desires to satisfy the complaint, he shall submit to the commission and to the complainant within the time allowed for satisfaction or answer a statement of satisfaction consisting of a recitation of the relief whi…

38.2.2107 ANSWERS Time. Within 20 days of the date of service of the complaint by the commission, the defendant or defendants shall answer the complaint. The commission may require the filing of an answer within a different time. Requests for an enlargement of time to answer a co…

38.2.2401 CONTENTS OF PETITION (REPEALED) Authorizing statute(s): 69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(3), MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1977 MAR p. 1200, Eff. 12/24/77; REP, 2023 MAR p. 362, Eff. 4/15/23.

38.2.2402 SERVICE OF PETITIONS (REPEALED) Authorizing statute(s): 69-1-110(3), 69-2-101, 69-3-103, 69-12-201(2), MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1977 MAR p. 1200, Eff. 12/24/77; REP, 2021 MAR p. 937, Eff. 7/24/21.

38.2.2403 GENERAL INTERVENTION (REPEALED) Authorizing statute(s): 69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(3), MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1977 MAR p. 1200, Eff. 12/24/77; REP, 2023 MAR p. 362, Eff. 4/15/23.

38.2.2404 SPECIAL INTERVENTION (REPEALED) Authorizing statute(s): 69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(3), MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1977 MAR p. 1200, Eff. 12/24/77; REP, 2023 MAR p. 362, Eff. 4/15/23.

38.2.2405 DISPOSITION OF PETITIONS AND MOTIONS TO INTERVENE (REPEALED) Authorizing statute(s): 69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(3), MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1977 MAR p. 1200, Eff. 12/24/77; REP, 2023 MAR p. 362, Eff. 4/15/23.

38.2.2406 LIMITATION ON INTERVENTION (REPEALED) Authorizing statute(s): 69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(3), MCA Implementing statute(s): 69-2-101, MCA History: NEW, 1977 MAR p. 1200, Eff. 12/24/77; REP, 2023 MAR p. 362, Eff. 4/15/23.

38.2.2407 INTERVENTION The Commission may establish a deadline for intervention in commission proceedings. The Montana Consumer Counsel (MCC) is a party to any proceeding upon filing a notice of intervention before the intervention deadline.After the deadline for intervention, th…

38.2.2701 GENERAL The commission may, in any proceeding, on its own motion or upon petition by any party, with reasonable notice, request all interested parties to attend one or more prehearing conferences for the purpose of determining the feasibility of settlement or of formula…

38.2.2702 PROCEDURAL ORDERS Following a prehearing conference the commission may issue a procedural order which fixes any dates which are pertinent to the disposition of the case, and which sets out the procedures to be followed by the parties. Subsequent orders modifying the ori…

38.2.2703 RECESSING HEARING FOR CONFERENCE In any proceeding the presiding officer may, in his discretion, call the parties together for a conference prior to the taking of testimony, or may recess the hearing for such a conference. The presiding officer may state on the record t…

38.2.3001 VOLUNTARY SETTLEMENT Where the matter in controversy affects only the parties involved, and the period for intervention is closed, the parties to the proceedings may, with the approval of the commission, enter into a voluntary settlement of the subject matter of the pro…

38.2.301 PROCEDURE GOVERNED These rules govern practice and procedure in contested cases before the public service commission of the state of Montana, in accordance with applicable laws of the state of Montana. Rules governing specialized proceedings will control in the event of …

38.2.302 NATURE OF PROCEEDINGS The proceedings before the commission are investigative on the part of the commission, although they may be conducted in the form of adversary proceedings. Authorizing statute(s): 69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(3), MCA Implementing st…

38.2.303 PUBLIC RECORDS; COPIES All pleadings, petitions, applications, motions, communications, exhibits, or other documents shall become matters of public record as of the day and time of their filing, except as may be ordered by the commission pursuant to Montana Code Annotate…

38.2.304 FEES, COSTS, ACCOMPANYING FORMS, AND COLLECTIONS All application forms and fees or other charges required by laware due and must be submittedto thedepartment at the time the application is filed with the department. Tariff fees are due no later than the 15th day of the m…

38.2.305 WAIVER OF RULES As good cause appears and as justice may require, the commission or any hearing examiner may waive the application of any rule, except where precluded by statute. Authorizing statute(s): 69-3-103, 69-2-101, 69-12-201(2) and 69-1-110(3), MCA Implementing s…

38.2.306 CONSTRUCTION AND AMENDMENT These rules, and any rules incorporated herein by reference, shall be so construed by the commissioners or any hearing examiner as to secure just and speedy determination of the issues. Amendments to these rules may be made periodically by the …

38.2.307 DOCKET The secretary shall maintain dockets of all proceedings, and each new proceeding shall be assigned an appropriate docket number. The docket number will be assigned upon receipt. No document will be accepted, however, without payment of required fees and submission…

38.2.308 CALENDAR OF HEARINGS AND COMMISSION'S AGENDA The secretary of the commission shall maintain a docket of all proceedings pending before the commission. The secretary shall also maintain a hearing calendar of all proceedings that are to receive a hearing. Both the docket a…

38.2.309 TITLE AND DOCKET NUMBER All documents filed with the commission shall show the caption for the proceeding, the docket number and the title of the document. Documents initiating new proceedings shall leave a space for the docket number. Authorizing statute(s): 69-3-103, 6…

38.2.310 OFFICE DAYS AND HOURS The principal office of the commission is located at 1701 Prospect Avenue, Helena, Montana 59620. The office of the commission has regular hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, holidays excepted. Authorizing statute(s): 69-3-103,…