reglab/housing_qa huggingface dataset:
MT Code § 2-4-613 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-613. Ex parte consultations

  2-4-613. Ex parte consultations. Unless required for disposition of ex parte matters authorized by law, the person or persons who are charged with the duty of rendering a decision or to make findings of fact and conclusions of law in a contested case, after issuance of notice of hearing, may not communicate with any party or a party's representative in connection with any issue of fact or law in the case except upon notice and opportunity for all parties to participate.   History: En. Sec. 14, Ch. 2, Ex. L. 1971; R.C.M. 1947, 82-4214; amd. Sec. 44, Ch. 61, L. 2007.
MT Code § 2-4-614 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-614. Record -- transcription

  2-4-614. Record -- transcription. (1) The record in a contested case must include:   (a) all pleadings, motions, and intermediate rulings;   (b) all evidence received or considered, including a stenographic record of oral proceedings when demanded by a party;   (c) a statement of matters officially noticed;   (d) questions and offers of proof, objections, and rulings on those objections;   (e) proposed findings and exceptions;   (f) any decision, opinion, or report by the hearings examiner or agency member presiding at the hearing, which must be in writing;   (g) all staff memoranda or data submitted to the hearings examiner or members of the agency as evidence in connection with their consideration of the case.   (2) The stenographic record of oral proceedings or any part of the stenographic record must be transcribed on request of any party. Unless otherwise provided by statute, the cost of the transcription must be paid by the requesting party.   History: En. Sec. 9, Ch. 2, Ex. L. 1971; R.C.M. 1947, 82-4209(5), (6); amd. Sec. 2, Ch. 347, L. 2005.
MT Code § 2-4-615 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-615. through 2-4-620 reserved

  2-4-615 through 2-4-620 reserved.
MT Code § 2-4-621 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-621. When absent members render decision -- proposal for decision and opportunity to submit findings and conclusions -- modification by agency

  2-4-621. When absent members render decision -- proposal for decision and opportunity to submit findings and conclusions -- modification by agency. (1) When in a contested case a majority of the officials of the agency who are to render the final decision have not heard the case, the decision, if adverse to a party to the proceeding other than the agency itself, may not be made until a proposal for decision is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision.   (2) The proposal for decision must contain a statement of the reasons for the decision and of each issue of fact or law necessary to the proposed decision and must be prepared by the person who conducted the hearing unless that person becomes unavailable to the agency.   (3) The agency may adopt the proposal for decision as the agency's final order. The agency in its final order may reject or modify the conclusions of law and interpretation of administrative rules in the proposal for decision but may not reject or modify the findings of fact unless the agency first determines from a review of the complete record and states with particularity in the order that the findings of fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with essential requirements of law. The agency may accept or reduce the recommended penalty in a proposal for decision but may not increase it without a review of the complete record.   (4) A hearings officer who is a member of an agency adjudicative body may participate in the formulation of the agency's final order, provided that the hearings officer has completed all duties as the hearings officer.   History: En. Sec. 12, Ch. 2, Ex. L. 1971; amd. Sec. 14, Ch. 285, L. 1977; R.C.M. 1947, 82-4212(part); amd. Sec. 4, Ch. 277, L. 1979; amd. Sec. 45, Ch. 61, L. 2007.
MT Code § 2-4-622 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-622. When hearings officer unavailable for decision

  2-4-622. When hearings officer unavailable for decision. (1) If the person who conducted the hearing becomes unavailable to the agency, proposed findings of fact may be prepared by a person who has read the record only if the demeanor of witnesses is considered immaterial by all parties.   (2) The parties may waive compliance with 2-4-621 and this section by written stipulation.   History: En. Sec. 12, Ch. 2, Ex. L. 1971; amd. Sec. 14, Ch. 285, L. 1977; R.C.M. 1947, 82-4212(part); amd. Sec. 6, Ch. 42, L. 1997.
MT Code § 2-4-623 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-623. Final orders -- notification -- availability

  2-4-623. Final orders -- notification -- availability. (1) (a) A final decision or order adverse to a party in a contested case must be in writing. A final decision must include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Except as provided in 75-2-213 and 75-20-223, a final decision must be issued within 90 days after a contested case is considered to be submitted for a final decision unless, for good cause shown, the period is extended for an additional time not to exceed 30 days.   (b) If an agency intends to issue a final written decision in a contested case that grants or denies relief and the relief that is granted or denied differs materially from a final agency decision that was orally announced on the record, the agency may not issue the final written decision without first providing notice to the parties and an opportunity to be heard before the agency.   (2) Findings of fact must be based exclusively on the evidence and on matters officially noticed.   (3) Each conclusion of law must be supported by authority or by a reasoned opinion.   (4) If, in accordance with agency rules, a party submitted proposed findings of fact, the decision must include a ruling upon each proposed finding.   (5) Parties must be notified by mail of any decision or order. Upon request, a copy of the decision or order must be delivered or mailed in a timely manner to each party and to each party's attorney of record.   (6) Each agency shall index and make available for public inspection all final decisions and orders, including declaratory rulings under 2-4-501. An agency decision or order is not valid or effective against any person or party, and it may not be invoked by the agency for any purpose until it has been made available for public inspection as required in this section. This provision is not applicable in favor of any person or party who has actual knowledge of the decision or order or when a state statute or federal statute or regulation prohibits public disclosure of the contents of a decision or order.   History: (1), (3) thru (6)En. Sec. 13, Ch. 2, Ex. L. 1971; amd. Sec. 15, Ch. 285, L. 1977; Sec. 82-4213, R.C.M. 1947; (2)En. Sec. 9, Ch. 2, Ex. L. 1971; Sec. 82-4209, R.C.M. 1947; R.C.M. 1947, 82-4209(7), 82-4213; amd. Sec. 3, Ch. 347, L. 2005; amd. Sec. 1, Ch. 571, L. 2005; amd. Sec. 2, Ch. 445, L. 2009.
MT Code § 2-4-624 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-624. through 2-4-630 reserved

  2-4-624 through 2-4-630 reserved.
MT Code § 2-4-631 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-631. Licenses

  2-4-631. Licenses. (1) When the grant, denial, renewal, revocation, suspension, annulment, withdrawal, limitation, transfer, or amendment of a license is required by law to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases apply.   (2) When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.   (3) Whenever notice is required, no revocation, suspension, annulment, withdrawal, or amendment of any license is lawful unless the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action. If the agency finds that public health, safety, or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.   History: En. Sec. 15, Ch. 2, Ex. L. 1971; amd. Sec. 16, Ch. 285, L. 1977; R.C.M. 1947, 82-4215; amd. Sec. 1, Ch. 465, L. 1979.
MT Code § 2-4-701 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 7. Judicial Review of Contested Cases|2-4-701. Immediate review of agency action

  2-4-701. Immediate review of agency action. A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy.   History: En. Sec. 16, Ch. 2, Ex. L. 1971; amd. Sec. 17, Ch. 285, L. 1977; R.C.M. 1947, 82-4216(part).
MT Code § 2-4-703 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 7. Judicial Review of Contested Cases|2-4-703. Receipt of additional evidence

  2-4-703. Receipt of additional evidence. If, before the date set for hearing, application is made to the court for leave to present additional evidence and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence be taken before the agency upon conditions determined by the court. The agency may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.   History: En. Sec. 16, Ch. 2, Ex. L. 1971; amd. Sec. 17, Ch. 285, L. 1977; R.C.M. 1947, 82-4216(5).
MT Code § 2-4-704 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 7. Judicial Review of Contested Cases|2-4-704. Standards of review

  2-4-704. Standards of review. (1) The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the agency not shown in the record, proof of the irregularities may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.   (2) The court may not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because:   (a) the administrative findings, inferences, conclusions, or decisions are:   (i) in violation of constitutional or statutory provisions;   (ii) in excess of the statutory authority of the agency;   (iii) made upon unlawful procedure;   (iv) affected by other error of law;   (v) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record;   (vi) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or   (b) findings of fact, upon issues essential to the decision, were not made although requested.   (3) If a petition for review is filed challenging a licensing or permitting decision made pursuant to Title 75 or Title 82 on the grounds of unconstitutionality, as provided in subsection (2)(a)(i), the petitioner shall first establish the unconstitutionality of the underlying statute.   History: En. Sec. 16, Ch. 2, Ex. L. 1971; amd. Sec. 17, Ch. 285, L. 1977; R.C.M. 1947, 82-4216(6), (7); amd. Sec. 2, Ch. 83, L. 1989; amd. Sec. 3, Ch. 361, L. 2003.
MT Code § 2-4-705 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 7. Judicial Review of Contested Cases|2-4-705. through 2-4-710 reserved

  2-4-705 through 2-4-710 reserved.
MT Code § 2-4-711 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 7. Judicial Review of Contested Cases|2-4-711. Appeals -- staying agency decision

  2-4-711. Appeals -- staying agency decision. An aggrieved party may obtain review of a final judgment of a district court under this part by appeal to the supreme court within 60 days after entry of judgment. Such appeal shall be taken in the manner provided by law for appeals from district courts in civil cases. Unless otherwise provided by statute or unless the agency has granted a stay through the completion of the judicial review process:   (1) if appeal is taken from a judgment of the district court affirming an agency decision, the agency decision shall not be stayed except upon order of the supreme court; except that, in cases where a stay is in effect at the time of the filing of notice of appeal, the stay shall be continued by operation of law for 20 days from the date of filing of the notice;   (2) if appeal is taken from a judgment of the district court reversing or modifying an agency decision, the agency decision shall be stayed pending final determination of the appeal unless the supreme court orders otherwise.   History: En. Sec. 17, Ch. 2, Ex. L. 1971; amd. Sec. 18, Ch. 285, L. 1977; R.C.M. 1947, 82-4217.
MT Code § 2-5-101 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 5. Montana Negotiated Rulemaking Act|Part 1. General Provisions|2-5-101. Short title

  2-5-101. Short title. This part may be cited as the "Montana Negotiated Rulemaking Act".   History: En. Sec. 1, Ch. 400, L. 1993.
MT Code § 2-5-102 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 5. Montana Negotiated Rulemaking Act|Part 1. General Provisions|2-5-102. Purpose

  2-5-102. Purpose. The purpose of this part is to establish a framework for the conduct of negotiated rulemaking consistent with the Montana Administrative Procedure Act and the constitutional right of Montanans to participate in the operation of governmental agencies and to encourage agencies to use negotiated rulemaking when it enhances the rulemaking process. As authorized by 2-4-304, it is the intent of the legislature that state agencies, whenever appropriate, use the negotiated rulemaking process to resolve controversial issues prior to the commencement of the formal rulemaking process. However, negotiated rulemaking is not a substitute for the public notification and participation requirements of the Montana Administrative Procedure Act, and a consensus agreement by a negotiated rulemaking committee may be modified by an agency as a result of the subsequent rulemaking process. This part may not be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process.   History: En. Sec. 2, Ch. 400, L. 1993.
MT Code § 2-5-103 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 5. Montana Negotiated Rulemaking Act|Part 1. General Provisions|2-5-103. Definitions

  2-5-103. Definitions. As used in this part, the following definitions apply:   (1) "Agency" means any board, bureau, commission, department, authority, or officer of the executive branch of state government authorized or required by law to make rules.   (2) "Consensus" means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under 2-5-106 unless the committee agrees upon another specified definition.   (3) "Convener" means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure.   (4) "Facilitator" means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule. A facilitator does not have decisionmaking authority.   (5) "Interest" means, with respect to an issue or matter, multiple parties that have a similar point of view or that are likely to be affected in a similar manner.   (6) "Negotiated rulemaking" means rulemaking through the use of a negotiated rulemaking committee.   (7) "Negotiated rulemaking committee" or "committee" means an advisory committee established under 2-5-106 and authorized under 2-4-304 to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule.   (8) "Person" means an individual, partnership, corporation, association, governmental subdivision, agency, or public or private organization of any character.   (9) "Rule" means an agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of an agency. The term includes the amendment or repeal of a prior rule but does not include:   (a) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public;   (b) formal opinions of the attorney general and declaratory rulings issued pursuant to 2-4-501;   (c) rules relating to the use of public works, facilities, streets, and highways when the substance of the rules is indicated to the public by means of signs or signals;   (d) rules implementing the state personnel classification plan, the state wage and salary plan, or the statewide accounting, budgeting, and human resource system;   (e) uniform rules adopted pursuant to an interstate compact, except that the rules must be filed in accordance with 2-4-306 and must be published in the Administrative Rules of Montana.   History: En. Sec. 3, Ch. 400, L. 1993; amd. Sec. 2, Ch. 2, L. 2009.
MT Code § 2-5-104 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 5. Montana Negotiated Rulemaking Act|Part 1. General Provisions|2-5-104. Determination of need for negotiated rulemaking committee

  2-5-104. Determination of need for negotiated rulemaking committee. (1) An agency may establish a negotiated rulemaking committee to negotiate and develop a proposed rule if the agency director determines that the use of the negotiated rulemaking procedure is in the public interest. In making that determination, the agency director shall consider whether:   (a) there is a need for a rule;   (b) there are a limited number of identifiable interests that will be significantly affected by the rule;   (c) there is a reasonable likelihood that a committee can be convened with a balanced representation of persons who:   (i) can adequately represent the interests identified under subsection (1)(b); and   (ii) are willing to negotiate in good faith to reach a consensus on the proposed rule;   (d) there is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time;   (e) the negotiated rulemaking procedure will not unreasonably delay the notice of proposed rulemaking and the issuance of the final rule;   (f) the agency has adequate resources and is willing to commit those resources, including technical assistance, to the committee; and   (g) the agency, to the maximum extent possible consistent with the legal obligations of the agency, will use the consensus of the committee as the basis for the rule proposed by the agency.   (2) An agency may use the services of a convener to assist in making the determination of need pursuant to subsection (1) and to assist the agency in:   (a) identifying persons who will be significantly affected by a proposed rule; and   (b) conducting discussions with affected persons on the issues of concern and ascertaining whether the establishment of a negotiated rulemaking committee is feasible and appropriate for the particular rulemaking procedure.   (3) The convener shall report findings and make recommendations to the agency. Upon request of the agency, the convener shall ascertain the names of persons who are willing and qualified to represent the interests that will be significantly affected by the proposed rule. The report and any recommendations of the convener must be made available to the public upon request.   History: En. Sec. 4, Ch. 400, L. 1993.
MT Code § 2-5-105 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 5. Montana Negotiated Rulemaking Act|Part 1. General Provisions|2-5-105. Application for membership on committees -- publication of notice

  2-5-105. Application for membership on committees -- publication of notice. (1) If an agency decides to establish a negotiated rulemaking committee, the agency shall publish in the Montana Administrative Register and, as appropriate, in newspapers and other publications, a notice that includes:   (a) an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;   (b) a description of the subject and scope of the rule to be developed and the issues to be considered;   (c) a list of interests likely to be significantly affected by the proposed rule;   (d) a list of the persons proposed to represent the affected interests and the agency;   (e) a proposed schedule for completing the work of the committee; and   (f) an explanation of how a person may apply for or nominate another person for membership on the committee.   (2) An agency may include the notice required in subsection (1) in the notice of intent to promulgate rules made pursuant to 2-4-302.   (3) The agency shall provide a period of at least 30 days for the submission of comments and applications for membership on a negotiated rulemaking committee.   History: En. Sec. 5, Ch. 400, L. 1993.