75-10-928. Record of hearing -- procedure -- rules of evidence -- burden of proof. (1) Any studies, investigations, reports, or other documentary evidence, including those prepared by the department, that any party wishes the board to consider or that the board itself expects to use or rely upon must be made a part of the record.
     (2) A record must be made of the hearing and of all testimony taken.
     (3) In a certification proceeding held under 75-10-924, the applicant has the burden of showing by clear and convincing evidence that the application should be granted and that the criteria of 75-10-929 are met.
     (4) All proceedings under 75-10-924 through 75-10-928 are governed by the procedures set forth in 75-10-924 through 75-10-928, the procedural rules adopted by the board, and the Montana Rules of Evidence unless one or more rules of evidence are waived by the hearing examiner upon a showing of good cause by one or more of the parties to the hearing. No other rules of procedure or evidence apply except that the contested case procedures of the Montana Administrative Procedure Act apply if not in conflict with the procedures set forth in 75-10-924 through 75-10-928 or the procedural rules adopted by the board.

     History: En. Sec. 23, Ch. 468, L. 1991.