Administrative Rules 20.25.903 and 904
20.25.903 HEARING PROCEDURE
(1) Procedure for the hearing on an accepted application for executive clemency must be determined by the board. (History: 46-23-218, MCA; IMP, 46-23-306, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1999 MAR p. 290, Eff. 2/12/99.)
20.25.904 DECISION
(1) When the board determines that sufficient cause appears, a public hearing will be conducted. The board will hear all relevant facts and information of the petitioner, their counsel and witnesses, as well as any opponents to the petition, with a recording made thereof. Upon conclusion of the hearing the board will take the entire case under advisement and will forward a decision of recommendation to the governor for final determination. A decision of denial will not be forwarded to the governor for final determination.
(2) In capital cases, the board will forward a decision of recommendation or denial to the governor for final determination.
(3) Under the statutes of Montana the granting of executive clemency is the sole responsibility of the governor. (History: 46-23-218, MCA; IMP, 46-23-315, MCA; Eff. 12/31/72; AMD, 1978 MAR p. 1552, Eff. 12/1/78; AMD, 1993 MAR p. 297, Eff. 2/26/93; AMD, 1994 MAR p. 168, Eff. 1/28/94.)
