Conduct of hearing -- hearing procedures -- application

of rules of evidence. (1) The panel chairman shall order the conduct of the hearing. (2) The claimant must be present personally unless his pre sence is: (a) y]aived by the chiropractic physician against y]hom the claim is made; or (b) excused by the director, or the pane 1 chairman if a chairman has been selected, upon a timely request to be excused. A request is timely if made at least 30 days before the hearing date unless the request is based on facts not reasonably known 30 days before the hearing date. (3) At the hearing. the claimant shall proceed first, followed by the chiropractic physician against whom the claim is made, if the chiropractic physician appears. (4) Both parties may call witnesses who must be sworn and who are subject to cross-examination. Records, exhibits, and other documents relied on by either party may be offered and admitted into evidence if relevant and timely submitted under Rule 14. The panel may review written statements of fact by the claimant and by treating chiropractic physicians. (5) The hearing is confidential and informal. The panel may not make, pay for, or retain any transcript of the hearing or proceedings relating to the hearing. A party may make, pay for, and retain a transcript with the consent of the panel chairman and the other parties. (6) The Montana Rules of Evidence, Title 26, chapter 10, MCA, do not apply to the hearing. However, the panel chairman may exclude irrelevant, immaterial, or unduly repetitious evidence. (7) A panelist and a party, or a party's legal counsel if the party is represented. may exa.mine a party and its Hi tnesses, subject to the control of the panel chairman. Authority: 27-12-204, MCA. Implemented: 27-12-502. MCA