GENERAL PROVISIONS: MODEL RULES: CONTESTED CASES, DEFAULT ORDER


Published: 2008-08-15

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1.3.214    CONTESTED CASES, DEFAULT ORDER

(1) In a contested case, if a party does not appear to contest an intended agency action, the agency may enter a default order. If a default is entered, pursuant to 2-4-623, MCA, the order must be in writing and include findings of fact and conclusions of law.

(a) See sample form 214a.

 

 

Sample Form 214a: Default Order

 

BEFORE THE [agency] OF THE STATE OF MONTANA

 

In the matter of [same as original                       )

Notice]                                                                   )                DEFAULT ORDER

                                                                               )

 

          On [date], a Notice of Proposed [agency action - for example: Revocation of Agent's License] was served on [name, address], by the sheriff of [county], Montana. A copy of the sheriff's return is attached to this order and marked Exhibit A. A copy of the notice is attached to this order and marked Exhibit B.

 

          The notice provided an opportunity for hearing if requested within [number] days. More than [number] days have elapsed since service of the order and no request for hearing has been received. The [agency official] considered the evidence and exhibits and makes the following determinations:

 

FINDINGS OF FACT

 

         [For example: On the 1st day of March, 2008, John Doe appropriated to his own use money belonging to a policyholder, specifically $500 from Mary Smith, as is indicated by sworn statements by two witnesses, Mary Jones and Robert Jones, both being competent to testify and having personal knowledge of the transaction under consideration.]

 

CONCLUSIONS OF LAW

 

          [For example: Section 33-17-1001(1), MCA, provides that the commissioner may revoke an insurance producer's license if he finds that the licensee has misappropriated or converted to his own use money belonging to policyholders. The commissioner has so found; thus cause exists under 33-17-1001(1)(d), MCA, for the revocation of the insurance producer's license of John Doe.]

 

ORDER

 

          [For example: The insurance producer's license of John Doe is revoked effective August 1, 2008.]

 

          Dated this _________ day of ___________________, 20___.

 

 

                                                                                                   (must be signed by:)

                                                                                           By    [authorized person's signature]    

 

History: 2-4-202, MCA; IMP, 2-4-202, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1228, Eff. 10/12/79; AMD, 1992 MAR p. 1242, Eff. 6/12/92; AMD, 2008 MAR p. 1700, Eff. 8/15/08.