82-11-115. Procedure to make determinations. (1) The board shall adopt rules to govern the making of determinations. These rules shall be adopted pursuant to the Montana Administrative Procedure Act, but the procedure to be employed in making determinations is not subject to the Montana Administrative Procedure Act. The rules may provide that testimony may only be submitted in writing and that no cross-examination is allowed.
     (2) Any determination made by an examiner under this section and 82-11-114 shall be reviewed by the board upon request of two members of the board. The review by the board is subject to the notice and hearing but not the appeal provisions of the contested case procedures of the Montana Administrative Procedure Act. The request for review must be made within 20 days after an examiner makes a determination. If no request for a review is made during this 20-day period, the examiner's determination is considered to be the determination of the board and the determination, together with the accompanying record, shall be forwarded to the federal energy regulatory commission for review. If a review by the board is requested, the board shall forward the final determination to the federal energy regulatory commission.

     History: En. Sec. 4, Ch. 19, L. 1979.