MSG v. DOL [4/21/98] 1998 MTWCC 31In this case involving insurer's challenge of assessment levied against it by the Department of Labor, WCC held DOL failed to consider directive of section 39-71-201, MCA (1991), to consider allocation of direct costs when making rules. The rules were therefore invalid. The WCC had once before sent the matter back to the DOL for rule- making. Due to the fact that the Court's own operation was a potential cost at issue, and given the stance taken by the Court on the matter, the WCC recused itself from handling an evidentiary hearing ordered for determination of the method of assessment.