Hearings Bureau
PHONE(406) 444-4662
FAX (406) 444-2689
TDD (406) 444-0532
ARE YOU PREPARED FOR YOUR HEARING?
A hearing is your opportunity to present all information relevant to the conflict issue(s) you wish to have determined. If you appeal an adverse decision, new or forgotten information from either party may not be considered at any appeal of this hearing and subsequent determination.
NOTICE OF TELEPHONE OR
IN PERSON HEARING
When a hearing is scheduled, you will receive a notice of a telephone or in-person hearing.
Address and phone:
Check this information on the notice you receive. If any information - address, phone, etc. - is wrong, CALL
or FAX the correct information to the Hearings Bureau or Hearing Officer at the earliest possible time before the hearing is set to begin to be sure all needed parties get to participate.
Date and time:
This is when the hearing will be held. Be ready to participate at this time. If you are not available, we may hold
the hearing without you and issue a decision. If you have an emergency, call the Hearing Officer before the
hearing. If the Hearing Officer has not called by 15 minutes after the time set for hearing, call the Hearings
Bureau at (406) 444-4662. Don't forget about time zone differences.
The issue:
The issue(s) are stated on your pre-hearing order or will be identified or clarified at the pre-hearing. These
are the only issue(s) we will address. Be sure that you understand what the issues are and/or identify issue
concerns prior to the hearing date.
Exhibits or other documents:
If you have RELEVANT documents, you MUST provide copies to the Hearing Officer AND the other party
by the exchange date. This gives everyone a chance to review them and avoid surprises. If you do not provide
copies in a timely manner, it is possible that they will not be admitted as exhibits.
THE HEARING
Your testimony:
We recommend each party list the important facts of their case in the order they occurred. Start with basic
information - job, location, terms agreed upon - and then proceed to explain what happened in a chronological sequence of events. REMEMBER, the Hearing Officer was not there, and does not know, for instance, when the store picnic occurred. Use specific dates, identify people by name, provide locations and times sufficiently complete to give the Hearing Officer and other parties a GOOD picture of what happened. The picture should include Who, What, When, Where and Why.
Witnesses:
A "witness" is a person who has direct, relevant information about the issue. Generally, a witness observed
facts important to the event. A witness is not someone you told about the event.
We call witnesses only during the hearing, not before or after the hearing. You must make arrangements with
your witnesses before the hearing. We can telephone your witnesses at any number you provide. If your
witnesses are not available, you may provide their written statement explaining what they observed. You must
give this statement to the other party and the Hearing Officer by the exchange date. Keep in mind - written
statements don't carry the weight given sworn testimony and might not be admitted into the record if a valid
objection is made by the opposing party.
Questioning witnesses:
Ask short, open-ended questions. Ask questions that must be answered by relating facts, rather than by a "yes" or "no." Avoid leading questions such as, "Is it true you were at your place of employment Saturday
night?" Instead ask, "Where were you Saturday night?" Leading questions reduce the believability of your
witness.
ALSO...
Subpoenas:
You can subpoena witnesses who are unwilling to testify. If you provide reasonable basis along with a current name, address and phone number of the person to be subpoenaed, we will mail you a subpoena. You must complete the subpoena and have it delivered to the witness. Subpoena service costs and subpoenaed witness hearing attendance costs must be paid by the person requesting the subpoena. Request subpoenas at least one week in advance to allow adequate delivery time. Relief from a subpoena may be granted due to special circumstances of the party subpoenaed or time needed for compliance.
Telephone use:
We normally hold hearings by telephone and tape record the proceedings. If you have several people on a telephone line it weakens the signal. This causes a poor connection and a poor recording. Please limit the use of extension phones and do not use cellular phones. Also, introduce participants at the beginning of the Hearing and before they speak.
AMERICANS WITH DISABILITIES ACT
We comply with the "Americans With Disabilities Act." If you need accommodations, please call the Hearings Bureau at (406) 444-4662 or the TDD at (406) 444-0532
CHECK LIST
- Check address and phone number on any notice received.
- Note time and date; account for time zone differences.
- Check to be sure the issue on any Notice, or as identified at the pre-hearing, is the correct issue. If not, notify the Hearings Bureau.
- Include copies of all relevant documents, including warnings, grievances, time cards, medical records, pay receipts, employer policies, witness statements, etc. as exhibits. Deliver copies to the opposing party(s) and the Hearing Officer by the date identified for exhibit exchange.
- List facts in chronological order.
- List details of what happened related to the conflict in this matter, or other reasons the decision should be in your favor.
- Notify witnesses, who observed or were involved in the event, of time and date of the hearing.
- Have witnesses available at the time set for hearing.
- Request subpoena, if needed. Serve on party at least 5 days before the hearing.
- Have only self and required witnesses on telephone extensions.
