(1) The state banking board and division adopt and incorporate the attorney general's model rules dated June 30, 1992, by reference, as stated in ARM 1.3.101 through ARM 1.3.233, with the exceptions set forth in ARM 8.2.104 through 8.2.106.   Prehearing discovery procedures shall be allowed in the same manner as specified under the Montana Rules of Civil Procedure relative to district court actions.   The time period established in discovery may be shortened at the discretion of the board.

(2) The state banking board adopts "Roberts Rules of Order."

(3) The division of banking and financial institutions and the state banking board adopt the following rules for hearings on applications for certificates of authorization for new banks and protests of applications for the formation, relocation, closure or sale of a branch bank or for the consolidation, merger or relocation of a bank if the application is approved by the division and if the board determines that there is a substantial basis for the protest.   The division also may request a hearing before the board.

(4) A notice of filing for a hearing on the application for a certificate of authorization for a new bank must be mailed to all banks within 100 miles of the proposed location, measured in a straight line.   The notice of hearing on applications approved by the division in which the board determines there is a substantial basis for the protest must also be mailed to all banks within 100 miles of the proposed location, measured in a straight line.   All of the rights and procedures of contested case proceedings apply to a person or bank filing a written protest with the board.

(5) A written protest must be filed with the division no later than 15 calendar days following the notice of the filing of an application for a certificate of authorization for a new bank.   A written protest on all other applications must be filed no later than 15 calendar days upon the filing of the application with the division.

(6) A substantial basis for the protest as determined by the board shall include, but not be limited to:

(a) to the extent required by law, failure to inform and advise all ownership interests, including shareholders, of the determination to submit an application for the proposed decision;

(b) the proposed application threatens the solvency and financial integrity of the institution;

(c) the proposed application changes the ownership and management of the institution so as to affect the financial integrity of the institution; or

(d) other reasons that may be considered by the board.