87-1-805. Hearing on suspension. (1) Upon suspending the hunting, trapping, or fishing privileges of any person under 87-1-803 or 87-1-804, the department shall immediately notify the person in writing. The person may, within 20 days of the notice, request a hearing before the department on whether the requirements for suspension have been met. The hearing must be informal.
(2) Upon request, the department shall set a hearing as early as practicable.
(3) (a) The requesting person may present evidence and arguments at the hearing contesting whether:
(i) a participating state suspended the person's privileges;
(ii) there was a conviction in the participating state;
(iii) the person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or
(iv) a conviction in a participating state could have led to the forfeiture of privileges under Montana law.
(b) Grounds other than those listed in subsection (3)(a) may not be used to contest the department's decision to suspend the person's privileges.
(4) At the hearing, the department, through its authorized agent, may:
(a) administer oaths;
(b) issue subpoenas for the attendance of witnesses; and
(c) admit all relevant evidence and documents, including notifications from participating states.
(5) Following the hearing, the department, through its authorized agent, may, based on the evidence, affirm, modify, or rescind the suspension of privileges.
History: En. Sec. 5, Ch. 122, L. 1995.
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