24.5.340 MASTERS AND EXAMINERS--PROCEDURE--RECOMMENDATIONS FOR BENCH ORDERS

24.5.340 MASTERS AND EXAMINERS--PROCEDURE--RECOMMENDATIONS FOR BENCH ORDERS (1) The court shall appoint masters or examiners when, in the judgment of the court, justice will be served.

(2) Masters will be appointed and serve pursuant to Rule 53, Mont.R.Civ.P. In the event that a master is appointed, the procedures set forth in Rule 53 shall be utilized insofar as they relate to a trial without a jury.

(3) Examiners will be appointed and serve pursuant to 2-4-611, MCA. However, because of the overriding concern in a workers' compensation case to render a prompt decision, especially in matters concerning the payment of a workers' biweekly compensation benefits, and because of the time delays inherent in the procedures set forth in 2-4-621 and 2-4-622, MCA, such provisions are not appropriate in workers' compensation court proceedings within the meaning of 39-71-2903, MCA. In lieu thereof, the court will utilize the following procedure in cases where a hearing examiner has been appointed.

(a) Following submission of the case, the hearing examiner will submit her/his proposed findings of fact and conclusions of law to the judge. The proposed decision of the hearing examiner will not be served upon the parties until after the judge has made a ruling thereon. The judge will make a decision as to whether to adopt the proposed findings of fact and conclusions of law of the hearing examiner based solely upon the record and pleadings made before the hearing examiner. Findings of fact made by a hearing examiner will not be rejected or revised unless the court first determines from a review of the complete record and states with particularity in the order that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. Conclusions of law and interpretations of statutes or rules written by a hearing examiner may be reconsidered or altered by the court upon its own motion. Subject to the provisions of this subsection, the court will enter its order and judgment adopting the decision of the hearing examiner.

(b) Any party aggrieved by a decision of a hearing examiner adopted pursuant to this rule, may obtain review thereof by filing a motion pursuant to ARM 24.5.344. Upon the filing of such a motion by either party, the court will, in its discretion, liberally grant opportunity for oral argument as to whether the decision should be amended, additional evidence should be heard, or a new trial should be granted.

(4) An examiner may, during or at the conclusion of a trial or a pretrial conference, advise the parties that an interlocutory order for payment of benefits or other relief to a party appears to be justified and such an order will be forthwith submitted for approval by the judge. (History: Sec. 2-4-201, MCA; IMP, Sec. 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; PREV. Rule #, ARM 2.52.221; TRANS, from Admin., 1989 MAR p. 2117, Eff. 12/22/89; AMD, 1994 MAR p. 675; Eff. 4/1/94.)