reglab/housing_qa huggingface dataset:
MT Code § 2-4-106 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 1. General Provisions|2-4-106. Service

  2-4-106. Service. Except where a statute expressly provides to the contrary, service in all agency proceedings subject to the provisions of this chapter and in proceedings for judicial review thereof shall be as prescribed for civil actions in the district courts.   History: En. Sec. 22, Ch. 2, Ex. L. 1971; amd. Sec. 21, Ch. 285, L. 1977; R.C.M. 1947, 82-4222.
MT Code § 2-4-107 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 1. General Provisions|2-4-107. Construction and effect

  2-4-107. Construction and effect. Nothing in this chapter shall be considered to limit or repeal requirements imposed by statute or otherwise recognized law. No subsequent legislation shall be considered to supersede or modify any provision of this chapter, whether by implication or otherwise, except to the extent that such legislation shall do so expressly.   History: En. Sec. 23, Ch. 2, Ex. L. 1971; amd. Sec. 22, Ch. 285, L. 1977; R.C.M. 1947, 82-4223.
MT Code § 2-4-108 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 1. General Provisions|2-4-108. and 2-4-109 reserved

  2-4-108 and 2-4-109 reserved.
MT Code § 2-4-110 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 1. General Provisions|2-4-110. Departmental review of rule notices

  2-4-110. Departmental review of rule notices. (1) The head of each department of the executive branch shall appoint an existing attorney, paralegal, or other qualified person from that department to review each departmental rule proposal notice, adoption notice, or other notice relating to administrative rulemaking. Notice of the name of the person appointed under this subsection and of any successor must be given to the secretary of state and the appropriate administrative rule review committee within 10 days of the appointment.   (2) The person appointed under subsection (1) shall review each notice by any division, bureau, or other unit of the department, including units attached to the department for administrative purposes only under 2-15-121 unless otherwise excepted, for compliance with this chapter before the notice is filed with the secretary of state. The reviewer shall pay particular attention to 2-4-302 and 2-4-305. The review must include but is not limited to consideration of:   (a) the adequacy of the statement of reasonable necessity for the intended action and whether the intended action is reasonably necessary to effectuate the purpose of the code section or sections implemented;   (b) whether the proper statutory authority for the rule is cited;   (c) whether the citation of the code section or sections implemented is correct;   (d) whether the intended action is contrary to the code section or sections implemented or to other law; and   (e) for a rule that initially implements legislation, whether the intended action is contrary to any comments submitted to the department by the primary sponsor of the legislation for the purposes of 2-4-302.   (3) The person appointed under subsection (1) shall sign each notice for which this section requires a review. The act of signing is an affirmation that the review required by this section has been performed to the best of the reviewer's ability. The secretary of state may not accept for filing a notice that does not have the signature required by this section.   History: En. Sec. 1, Ch. 8, L. 1987; amd. Sec. 1, Ch. 3, L. 1991; amd. Sec. 2, Ch. 19, L. 1999; amd. Sec. 1, Ch. 210, L. 2001; amd. Sec. 1, Ch. 21, L. 2009; amd. Sec. 1, Ch. 99, L. 2011.
MT Code § 2-4-111 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 1. General Provisions|2-4-111. Small business impact analysis -- assistance

  2-4-111. Small business impact analysis -- assistance. (1) Prior to the adoption of a proposed rule, the agency that has proposed the rule shall determine if the rule will significantly and directly impact small businesses. If the agency determines that the proposed rule will impact small businesses, the determination must be published in the register when the proposed rule is published. If the agency determines that the proposed rule may have a significant and direct impact on small businesses and if subsection (4) does not apply, the agency shall prepare a small business impact analysis that, at a minimum, must:   (a) identify by class or group the small businesses probably affected by the proposed rule;   (b) include a statement of the probable significant and direct effects of the proposed rule on the small businesses identified in subsection (1)(a); and   (c) include a description of any alternative methods that may be reasonably implemented to minimize or eliminate any potential adverse effects of adopting the proposed rule while still achieving the purpose of the proposed rule.   (2) The agency shall provide documentation for the estimates, statements, and descriptions required under subsection (1).   (3) The office of economic development, established in 2-15-218, shall advise and assist agencies in complying with this section.   (4) An agency is not required to prepare a separate small business impact analysis under this section if the agency pursuant to 2-4-405 is preparing or has prepared an economic impact statement regarding adoption, amendment, or repeal of a rule.   (5) The final adoption, amendment, or repeal of a rule is not subject to challenge in any court as a result of the inaccuracy or inadequacy of a small business impact analysis required under this section.   History: En. Sec. 1, Ch. 318, L. 2013.
MT Code § 2-4-112 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 1. General Provisions|2-4-112. Administrative rule review committee voting -- objections

  2-4-112. Administrative rule review committee voting -- objections. (1) Except as provided in subsection (2), the speaker of the house and the president of the senate are ex officio voting members of each administrative rule review committee for the sole purpose of breaking a tie vote on a question before a committee involving an objection to an administrative rule pursuant to Title 2, chapter 4.  (2) If the speaker of the house, the president of the senate, or both, are members of an administrative rule review committee, the highest ranking officer of the majority party that is not a member of the committee is an ex officio voting member for the purposes of subsection (1). The ranking order for the:   (a) house is speaker pro tempore, majority leader, and majority whip; and   (b) senate is president pro tempore, majority leader, and majority whip.   History: En. Sec. 1, Ch. 102, L. 2021.
MT Code § 2-4-201 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 2. Organizational and Procedural Rules|2-4-201. Rules describing agency organization and procedures

  2-4-201. Rules describing agency organization and procedures. In addition to other rulemaking requirements imposed by law, each agency shall:   (1) adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make submissions or requests. The notice and hearing requirements contained in 2-4-302 do not apply to adoption of a rule relating to a description of its organization.   (2) adopt rules of practice, not inconsistent with statutory provisions, setting forth the nature and requirements of all formal and informal procedures available, including a description of all forms and instructions used by the agency.   History: En. Sec. 3, Ch. 2, Ex. L. 1971; amd. Sec. 1, Ch. 240, L. 1974; amd. Sec. 3, Ch. 285, L. 1977; R.C.M. 1947, 82-4203(1)(a), (1)(b).
MT Code § 2-4-202 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 2. Organizational and Procedural Rules|2-4-202. Model rules

  2-4-202. Model rules. (1) The secretary of state shall prepare a model form for a rule describing the organization of agencies and model rules of practice for agencies to use as a guide for the rulemaking process and in fulfilling the requirements of 2-4-201. The attorney general shall prepare model rules of practice for agencies to use as a guide for contested case hearings and declaratory rulings. The secretary of state and attorney general shall add to, amend, or revise the model rules from time to time as necessary for the proper guidance of agencies.   (2) The model rules and additions, amendments, or revisions to the model rules must be appropriate for the use of as many agencies as is practicable and must be filed with the secretary of state and provided to any agency upon request. The adoption by an agency of all or part of the model rules does not relieve the agency from following the rulemaking procedures required by this chapter.   History: En. Sec. 3, Ch. 2, Ex. L. 1971; amd. Sec. 1, Ch. 240, L. 1974; amd. Sec. 3, Ch. 285, L. 1977; R.C.M. 1947, 82-4203(3); amd. Sec. 41, Ch. 61, L. 2007; amd. Sec. 1, Ch. 88, L. 2007.
MT Code § 2-4-301 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-301. Authority to adopt not conferred

  2-4-301. Authority to adopt not conferred. Except as provided in part 2, nothing in this chapter confers authority upon or augments the authority of any state agency to adopt, administer, or enforce any rule.   History: En. 82-4204.1 by Sec. 9, Ch. 285, L. 1977; R.C.M. 1947, 82-4204.1(part).
MT Code § 2-4-304 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-304. Informal conferences and committees

  2-4-304. Informal conferences and committees. (1) An agency may use informal conferences and consultations as a means of obtaining the viewpoints and advice of interested persons with respect to contemplated rulemaking.   (2) An agency may also appoint committees of experts or interested persons or representatives of the general public to advise it with respect to any contemplated rulemaking. The powers of the committees shall be advisory only.   (3) Nothing herein shall relieve the agency from following rulemaking procedures required by this chapter.   History: En. Sec. 4, Ch. 2, Ex. L. 1971; amd. Sec. 5, Ch. 410, L. 1975; amd. Sec. 1, Ch. 482, L. 1975; amd. Sec. 8, Ch. 285, L. 1977; R.C.M. 1947, 82-4204(4).
MT Code § 2-4-308 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-308. Adjective or interpretive rule -- statement of implied authority and legal effect

  2-4-308. Adjective or interpretive rule -- statement of implied authority and legal effect. (1) Each adjective or interpretive rule or portion of an adjective or interpretive rule to be adopted under implied rulemaking authority must contain a statement in the historical notations of the rule that the rule is advisory only but may be a correct interpretation of the law. The statement must be placed in the ARM when the rule in question is scheduled for reprinting.  (2) Subject to 2-4-112, the appropriate administrative rule review committee may file with the secretary of state, for publication with any rule or portion of a rule that it considers to be adjective or interpretive, a statement indicating that it is the opinion of the appropriate administrative rule review committee that the rule or portion of a rule is adjective or interpretive and therefore advisory only. If the committee requests the statement to be published for an adopted rule not scheduled for reprinting in the ARM, the cost of publishing the statement in the ARM must be paid by the committee.   History: En. Sec. 1, Ch. 637, L. 1983; amd. Sec. 7, Ch. 19, L. 1999; amd. Sec. 4, Ch. 102, L. 2021.
MT Code § 2-4-309 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-309. Rulemaking authority for laws not yet effective -- rule not effective until law effective

  2-4-309. Rulemaking authority for laws not yet effective -- rule not effective until law effective. Unless otherwise provided in the statute, an agency may proceed with rulemaking under this chapter after the enactment of a statute to be implemented by rule, but a rule may not become effective prior to the effective date of the statute.   History: En. Sec. 1, Ch. 185, L. 2001.
MT Code § 2-4-310 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-310. reserved

  2-4-310 reserved.
MT Code § 2-4-311 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-311. Publication and arrangement of ARM

  2-4-311. Publication and arrangement of ARM. (1) The secretary of state shall compile, index, arrange, rearrange, correct errors or inconsistencies without changing the meaning, intent, or effect of any rule, and publish all rules filed pursuant to this chapter in the ARM. The secretary of state shall supplement, revise, and publish the ARM or any part of the ARM as often as the secretary of state considers necessary. The secretary of state may include editorial notes, cross-references, and other matter that the secretary of state considers desirable or advantageous. The secretary of state shall publish supplements to the ARM at the times and in the form that the secretary of state considers appropriate.   (2) The secretary of state shall publish the ARM, including supplements or revisions to the ARM, in a printable electronic format and make the electronic version of the ARM freely available through the secretary of state's website.   (3) The ARM must be arranged, indexed, and published or duplicated in a manner that permits separate publication of portions relating to individual agencies. An agency may make arrangements with the secretary of state for the printing or electronic distribution of as many copies of the separate publications as it may require. The secretary of state may charge a fee for any separate printed or electronic publications. The fee must be set and deposited in accordance with 2-15-405 and must be paid by the agency.   History: En. Sec. 6, Ch. 2, Ex. L. 1971; amd. Sec. 11, Ch. 285, L. 1977; R.C.M. 1947, 82-4206(part); amd. Sec. 9, Ch. 243, L. 1979; amd. Sec. 8, Ch. 19, L. 1999; amd. Sec. 3, Ch. 396, L. 2001; amd. Sec. 3, Ch. 303, L. 2009; amd. Sec. 1, Ch. 80, L. 2017.
MT Code § 2-4-312 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-312. Publication and arrangement of register

  2-4-312. Publication and arrangement of register. (1) The secretary of state shall publish in the register all notices, rules, and interpretations filed with the secretary of state at least once a month but not more often than twice a month.   (2) The secretary of state shall publish the register in a printable electronic format and make each issue of the register freely available through the secretary of state's website. The secretary of state shall maintain a permanent archive of the register.   (3) The register must contain three sections, including a rules section, a notice section, and an interpretation section, as follows:   (a) The rules section of the register must contain all rules filed since the compilation and publication of the preceding issue of the register, together with the statements required under 2-4-305(1).   (b) The notice section of the register must contain all rulemaking notices filed with the secretary of state pursuant to 2-4-302 since the compilation and publication of the preceding register.   (c) The interpretation section of the register must contain all opinions of the attorney general and all declaratory rulings of agencies issued since the publication of the preceding register.   (4) Each issue of the register must contain the issue number and date of the register and a table of contents. Each page of the register must contain the issue number and date of the register of which it is a part. The secretary of state may include with the register information to help the user in relating the register to the ARM.   History: En. Sec. 6, Ch. 2, Ex. L. 1971; amd. Sec. 11, Ch. 285, L. 1977; R.C.M. 1947, 82-4206(2), (9); amd. Sec. 10, Ch. 243, L. 1979; amd. Sec. 3, Ch. 277, L. 1983; amd. Sec. 1, Ch. 580, L. 1987; amd. Sec. 9, Ch. 19, L. 1999; amd. Sec. 4, Ch. 396, L. 2001; amd. Sec. 3, Ch. 88, L. 2007; amd. Sec. 4, Ch. 21, L. 2009; amd. Sec. 2, Ch. 80, L. 2017.
MT Code § 2-4-313 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-313. Copies -- subscriptions -- fees

  2-4-313. Copies -- subscriptions -- fees. (1) The secretary of state may make printed copies, subscriptions, supplements, or revisions to the ARM or the register available to any person for a fee set in accordance with subsection (4). Fees are not refundable.   (2) The secretary of state may charge agencies a filing fee for all material to be published in the ARM or the register.   (3) In addition to the fees authorized by 2-4-311 and other fees authorized by this section, the secretary of state may charge fees for internet or other computer-based services requested by state agencies, groups, or individuals.   (4) The secretary of state shall set and deposit the fees authorized in this section in accordance with 2-15-405.   History: En. Sec. 6, Ch. 2, Ex. L. 1971; amd. Sec. 11, Ch. 285, L. 1977; R.C.M. 1947, 82-4206(5) thru (8), (10), (11); amd. Sec. 11, Ch. 243, L. 1979; amd. Sec. 1, Ch. 163, L. 1983; amd. Sec. 3, Ch. 277, L. 1983; amd. Sec. 1, Ch. 397, L. 1985; amd. Sec. 2, Ch. 580, L. 1987; amd. Sec. 1, Ch. 6, Sp. L. January 1992; amd. Sec. 1, Ch. 411, L. 1993; amd. sec. 36, Ch. 308, L. 1995; amd. Sec. 5, Ch. 42, L. 1997; amd. Sec. 10, Ch. 19, L. 1999; amd. Sec. 5, Ch. 396, L. 2001; amd. Sec. 4, Ch. 88, L. 2007; amd. Sec. 4, Ch. 303, L. 2009; amd. Sec. 3, Ch. 80, L. 2017.
MT Code § 2-4-314 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-314. Biennial review by agencies -- recommendations by committee

  2-4-314. Biennial review by agencies -- recommendations by committee. (1) Each agency shall at least biennially review its rules to determine if any new rule should be adopted or any existing rule should be modified or repealed.  (2) Subject to 2-4-112, the committee may recommend to the legislature those modifications, additions, or deletions of agency rulemaking authority which the committee considers necessary.   History: En. Sec. 4, Ch. 2, Ex. L. 1971; amd. Sec. 5, Ch. 410, L. 1975; amd. Sec. 1, Ch. 482, L. 1975; amd. Sec. 8, Ch. 285, L. 1977; R.C.M. 1947, 82-4204(6); amd. Sec. 4, Ch. 600, L. 1979; amd. Sec. 3, Ch. 381, L. 1981; amd. Sec. 1, Ch. 63, L. 1983; amd. Sec. 5, Ch. 102, L. 2021.
MT Code § 2-4-315 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-315. Petition for adoption, amendment, or repeal of rules

  2-4-315. Petition for adoption, amendment, or repeal of rules. An interested person or, when the legislature is not in session, a member of the legislature on behalf of an interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule. Each agency shall determine and prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within 60 days after submission of a petition, the agency either shall deny the petition in writing or shall initiate rulemaking proceedings in accordance with 2-4-302 through 2-4-305. A decision to deny a petition or to initiate rulemaking proceedings must be in writing and based on record evidence. The written decision must include the reasons for the decision. Record evidence must include any evidence submitted by the petitioner on behalf of the petition and by the agency and interested persons in response to the petition. An agency may, but is not required to, conduct a hearing or oral presentation on the petition in order to develop a record and record evidence and to allow the petitioner and interested persons to present their views.   History: En. Sec. 7, Ch. 2, Ex. L. 1971; amd. Sec. 2, Ch. 236, L. 1974; amd. Sec. 12, Ch. 285, L. 1977; R.C.M. 1947, 82-4207; amd. Sec. 1, Ch. 110, L. 1997.
MT Code § 2-4-316 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-316. through 2-4-320 reserved

  2-4-316 through 2-4-320 reserved.
MT Code § 2-4-321 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-321. Repealed

  2-4-321. Repealed. Sec. 63, Ch. 16, L. 1991.   History: En. Sec. 1, Ch. 600, L. 1979.
MT Code § 2-4-322 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-322. Repealed

  2-4-322. Repealed. Sec. 63, Ch. 16, L. 1991.   History: En. Sec. 2, Ch. 600, L. 1979.
MT Code § 2-4-323 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 3. Adoption and Publication of Rules|2-4-323. Repealed

  2-4-323. Repealed. Sec. 63, Ch. 16, L. 1991.   History: En. Sec. 3, Ch. 600, L. 1979.
MT Code § 2-4-401 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 4. Legislative Review of Rules|2-4-401. Repealed

  2-4-401. Repealed. Sec. 49, Ch. 19, L. 1999.   History: (1)En. 82-4203.4 by Sec. 3, Ch. 410, L. 1975; amd. Sec. 6, Ch. 285, L. 1977; Sec. 82-4203.4, R.C.M. 1947; (2), (3)En. 82-4203.3 by Sec. 2, Ch. 410, L. 1975; amd. Sec. 9, Ch. 103, L. 1977; Sec. 82-4203.3, R.C.M. 1947; R.C.M. 1947, 82-4203.3, 82-4203.4; amd. Sec. 1, Ch. 302, L. 1993; amd. Sec. 7, Ch. 545, L. 1995.