49-2-505. Contested case hearing. (1) If the informal efforts to eliminate the alleged discrimination are unsuccessful, the department shall hold a hearing on the complaint. The department shall serve notice of the hearing and a copy of the complaint on the parties.
     (2) (a) If the parties mutually agree to permit the department to retain jurisdiction of the case under this chapter for a period of time that exceeds 12 months after the complaint was filed, then the parties shall stipulate to a schedule for proceedings to be established by the department.
     (b) The department shall, not later than 395 days after the complaint was filed, set a date for an administrative hearing in the case.
     (c) The case must be heard no later than 90 days after the date is set by the department. The department may, in its sole discretion, issue a continuance of the hearing date only upon a showing of good cause.
     (3) (a) The hearing must be held by the department in the county where the unlawful conduct is alleged to have occurred unless a party charged in the complaint requests and is granted a change of venue for good cause shown. The case in support of the complaint may be presented before the department by the complainant or an attorney representing the complainant. The hearing and any subsequent proceedings under this chapter must be held in accordance with the applicable portions of the Montana Rules of Civil Procedure as adopted by the department.
     (b) Upon request of the hearings officer, the department may present evidence with regard to activity conducted. However, except in cases brought pursuant to 42 U.S.C. 3601, et seq., the department may not represent either party in a contested case hearing.
     (4) A party may appeal a decision of the hearings officer to the commission. A party shall provide notice of its appeal to the commission, the department, and all parties within 10 business days of receipt of the notice of decision of the administrative hearing. The commission shall hear all appeals within 120 days of receipt of notice of appeal. The commission shall render a decision within 90 days of hearing the appeal.
     (5) All hearings conducted under this section may, upon stipulation of the parties, be heard telephonically.
     (6) The commission may make provisions for defraying the expenses of an indigent party in a contested case hearing held pursuant to this chapter.
     (7) The prevailing party in a hearing under this section may bring an action in district court for attorney fees. The court in its discretion may allow the prevailing party reasonable attorney fees. An action under this section must comply with the Montana Rules of Civil Procedure.

     History: En. 64-308 by Sec. 5, Ch. 283, L. 1974; amd. Sec. 6, Ch. 524, L. 1975; R.C.M. 1947, 64-308(5), (6); amd. Sec. 9, Ch. 177, L. 1979; amd. Sec. 1, Ch. 709, L. 1979; amd. Sec. 10, Ch. 467, L. 1997.