Sale Agreement executed by the members of both Wheatland and HLA assigning Wheatland's interest in the livestock market transaction to HLA.
This matter came before the Board for Final Order on August 27, 2026. Brunner, Daryn Cederberg, and Jon Kamps were present, and Brunner provided a factual statement in support of the asserted exception to the Board. In preparation for deliberations and decisions reflected in this Final Order, the Board members received and reviewed the entire administrative record of the contested case proceeding before the hearing examiner. Pursuant to Mont. Code Ann. § 2-4-623, the Board renders the final agency action on this contested case. The Board modifies the hearing examiner's Proposed Decision, which is attached and incorporated here as an exhibit.
When evaluating the hearing examiner’s Proposed Decision, the Board has statutory authority to reject or modify proposed conclusions of law. § 2-4-621(3). The Board may also reject or modify proposed findings of fact, but only after a review of the complete record, and the Board must state with particularity that the modified or rejected findings of fact were not based on competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. Id.
The Board supplements the administrative record in this case with the Assignment of and First Amendment to Master Purchase and Sale Agreement (First Amendment) provided by Brunner at the exceptions stage. HEADWATERS 170–173. The First Amendment is consistent with testimony provided by Brunner at the contested case hearing that the proposed transaction
hearing. Brunner's exception is limited to requesting correction of a singular factual issue; no legal arguments or assertions were made.