69-2-203. Investigatory powers of counsel. (1) The consumer counsel has all the investigatory powers necessary to perform the counsel's duties as provided in this section and all discovery powers sanctioned by the Montana Rules of Civil Procedure and the Montana Administrative Procedure Act. It is the specific intent of this section to provide the authority and availability of the process of discovery to the consumer counsel in administrative contested-case procedure. Violations of discovery procedure must be heard and administered by the district court. In the event of an appeal to district court for enforcement of discovery procedures, the time limits imposed by 69-3-302 and 69-3-303 are suspended pending order of the district court.
(2) The consumer counsel may examine in any commission proceedings, under oath, any officer, director, manager, or employee of any regulated company and may inspect the business and corporate records of any regulated company in accordance with the law to aid in the exercise of the consumer counsel's duties.
History: En. Sec. 7, Ch. 65, L. 1973; amd. Sec. 2, Ch. 341, L. 1974; amd. Sec. 2, Ch. 138, L. 1975; amd. Sec. 1, Ch. 136, L. 1977; R.C.M. 1947, 70-707(3), (4); amd. Sec. 1986, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 69. Public Utilities and Carriers
Chapter 2. General Regulatory Provisions
Part 2. Role of Consumer Counsel
69-2-201. Appearance at hearings by counsel
69-2-202. Institution of and intervention in proceedings involving regulated companies
69-2-203. Investigatory powers of counsel
69-2-204. Representation of consuming public
69-2-206. through 69-2-210 reserved
69-2-211. Notice to consumer counsel
69-2-212. Notice to advise public of availability of consumer counsel
69-2-213. through 69-2-215 reserved