TIME AND PLACE OF HEARING

Rules of Procedure for the Montana Medical Legal Panel

Rule: 13

Jurisdiction: MT

Bluebook Citation: Mont. PFTMMLP R. 13

(a) Selection of Time and Place and Notice of Hearing. Except as otherwise provided in subsection (d) of this Rule 13, after a completed Application has been received by the office of the Director, a date, time and place for the hearing shall be fixed by the office of the Director. The office of the Director shall then notify the parties and the Panel members selected. (b) Hearing by Telephone or Electronic Means. A telephonic hearing, video conference or other similar type of electronically held hearing shall be authorized upon the written stipulation of all parties and upon the approval of the Chairperson, where the interests of justice would not be served by requiring an in-person hearing and then only under the following specific circumstances where the circumstances of the case and the requirements of orderly processing of the claim: 14 (1) make physical travel to the Panel hearing in Helena, Montana impractical for Panel members who must be utilized; (2) impose an unreasonable burden upon a party; or (3) the issues as represented by each of the parties are such that the use of a telephonic hearing, video conference or other similar type of electronically held hearing would allow full consideration of the matter by the Panel selected to hear the claim. (c) Time Period for Hearing. In no instance may the date of the hearing set be more than one hundred twenty (120) days after the transmittal by the Director to the health care provider of the Application, unless the Chairperson or the Director finds good cause exists for extending the period. (d) Requests for Continuance or Change of Hearing Date. All requests for a continuance and change of hearing date must be submitted to the Panel in writing, stating the reasons for the request, and each request must include a selection of one (1) alternative future date for the hearing which is known to be available to each of the parties to the claim and to the office of the Director. If the request is made within five (5) calendar days of the date of the scheduled hearing, a copy of the request shall be submitted electronically to the office of the Director. (e) Location of Hearing. Panel hearings may be held in any county the Panel considers necessary or advisable. The county commissioners or other governing authority shall provide, upon request of the Director, suitable facilities for any such hearing. (f) When a Hearing Need Not be Held. A hearing need not be held, telephonic or otherwise, and a decision shall be rendered by the Panel only on the written record, where all of the parties have stipulated in writing to the waiver of a hearing.

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