reglab/housing_qa huggingface dataset:
MT Code § 2-3-105 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 1. Notice and Opportunity to Be Heard|2-3-105. Supplemental notice by radio or television

  2-3-105. Supplemental notice by radio or television. (1) An official of the state or any of its political subdivisions who is required by law to publish a notice required by law may supplement the publication by a radio or television broadcast of a summary of the notice or by both when in the official's judgment the public interest will be served.   (2) The summary of the notice must be read without a reference to any person by name who is then a candidate for political office.   (3) The announcements may be made only by duly employed personnel of the station from which the broadcast emanates.   (4) Announcements by political subdivisions may be made only by stations situated within the county of origin of the legal notice unless a broadcast station does not exist in that county, in which case announcements may be made by a station or stations situated in any county other than the county of origin of the legal notice.   History: En. Sec. 1, Ch. 149, L. 1963; R.C.M. 1947, 19-201; amd. Sec. 38, Ch. 61, L. 2007.
MT Code § 2-3-106 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 1. Notice and Opportunity to Be Heard|2-3-106. Period for which copy retained

  2-3-106. Period for which copy retained. Each radio or television station broadcasting any summary of a legal notice shall for a period of 6 months subsequent to such broadcast retain at its office a copy or transcription of the text of the summary as actually broadcast, which shall be available for public inspection.   History: En. Sec. 2, Ch. 149, L. 1963; R.C.M. 1947, 19-202.
MT Code § 2-3-107 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 1. Notice and Opportunity to Be Heard|2-3-107. Proof of publication by broadcast

  2-3-107. Proof of publication by broadcast. Proof of publication of a summary of any notice by radio or television broadcast shall be by affidavit of the manager, an assistant manager, or a program director of the radio or television station broadcasting the same.   History: En. Sec. 3, Ch. 149, L. 1963; R.C.M. 1947, 19-203.
MT Code § 2-3-108 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 1. Notice and Opportunity to Be Heard|2-3-108. through 2-3-110 reserved

  2-3-108 through 2-3-110 reserved.
MT Code § 2-3-111 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 1. Notice and Opportunity to Be Heard|2-3-111. Opportunity to submit views -- public hearings

  2-3-111. Opportunity to submit views -- public hearings. (1) Procedures for assisting public participation must include a method of affording interested persons reasonable opportunity to submit data, views, or arguments, orally or in written form, prior to making a final decision that is of significant interest to the public.   (2) When a state agency other than the board of regents proposes to take an action that directly impacts a specific community or area and a public hearing is held, the hearing must be held in an accessible facility in the impacted community or area or in the nearest community or area with an accessible facility.   History: En. 82-4228 by Sec. 3, Ch. 491, L. 1975; amd. Sec. 24, Ch. 285, L. 1977; amd. Sec. 2, Ch. 452, L. 1977; R.C.M. 1947, 82-4228(3); amd. Sec. 1, Ch. 487, L. 1997.
MT Code § 2-3-112 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 1. Notice and Opportunity to Be Heard|2-3-112. Exceptions

  2-3-112. Exceptions. The provisions of 2-3-103 and 2-3-111 do not apply to:   (1) an agency decision that must be made to deal with an emergency situation affecting the public health, welfare, or safety;   (2) an agency decision that must be made to maintain or protect the interests of the agency, including but not limited to the filing of a lawsuit in a court of law or becoming a party to an administrative proceeding; or   (3) a decision involving no more than a ministerial act.   History: En. 82-4228 by Sec. 3, Ch. 491, L. 1975; amd. Sec. 24, Ch. 285, L. 1977; amd. Sec. 2, Ch. 452, L. 1977; R.C.M. 1947, 82-4228(4).
MT Code § 2-3-113 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 1. Notice and Opportunity to Be Heard|2-3-113. Declaratory rulings to be published

  2-3-113. Declaratory rulings to be published. The declaratory rulings of any board, bureau, commission, department, authority, agency, or officer of the state which is not subject to the Montana Administrative Procedure Act shall be published and be subject to judicial review as provided under 2-4-623(6) and 2-4-501, respectively.   History: En. 82-4227 by Sec. 2, Ch. 491, L. 1975; amd. Sec. 23, Ch. 285, L. 1977; amd. Sec. 1, Ch. 452, L. 1977; R.C.M. 1947, 82-4227(part); amd. Sec. 3, Ch. 184, L. 1979.
MT Code § 2-3-114 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 1. Notice and Opportunity to Be Heard|2-3-114. Enforcement -- attorney fees

  2-3-114. Enforcement -- attorney fees. (1) The district courts of the state have jurisdiction to set aside an agency decision under this part upon petition of any person whose rights have been prejudiced. A petition pursuant to this section must be filed within 30 days of the date on which the person learns, or reasonably should have learned, of the agency's decision.   (2) A person alleging a deprivation of rights who prevails in an action brought in district court to enforce the person's rights under Article II, section 8, of the Montana constitution may be awarded costs and reasonable attorney fees.   History: En. 82-4229 by Sec. 4, Ch. 491, L. 1975; amd. Sec. 25, Ch. 285, L. 1977; R.C.M. 1947, 82-4229; amd. Sec. 1, Ch. 211, L. 2007; amd. Sec. 1, Ch. 266, L. 2015.
MT Code § 2-3-201 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 2. Open Meetings|2-3-201. Legislative intent -- liberal construction

  2-3-201. Legislative intent -- liberal construction. The legislature finds and declares that public boards, commissions, councils, and other public agencies in this state exist to aid in the conduct of the peoples' business. It is the intent of this part that actions and deliberations of all public agencies shall be conducted openly. The people of the state do not wish to abdicate their sovereignty to the agencies which serve them. Toward these ends, the provisions of the part shall be liberally construed.   History: En. Sec. 1, Ch. 159, L. 1963; R.C.M. 1947, 82-3401.
MT Code § 2-3-202 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 2. Open Meetings|2-3-202. Meeting defined

  2-3-202. Meeting defined. As used in this part, "meeting" means the convening of a quorum of the constituent membership of a public agency or association described in 2-3-203, whether corporal or by means of electronic equipment, to hear, discuss, or act upon a matter over which the agency has supervision, control, jurisdiction, or advisory power.   History: En. 82-3404 by Sec. 2, Ch. 567, L. 1977; R.C.M. 1947, 82-3404; amd. Sec. 2, Ch. 183, L. 1987.
MT Code § 2-3-203 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 2. Open Meetings|2-3-203. Meetings of public agencies and certain associations of public agencies to be open to public -- exceptions

  2-3-203. Meetings of public agencies and certain associations of public agencies to be open to public -- exceptions. (1) All meetings of public or governmental bodies, boards, bureaus, commissions, agencies of the state, or any political subdivision of the state or organizations or agencies supported in whole or in part by public funds or expending public funds, including the supreme court, must be open to the public.   (2) All meetings of associations that are composed of public or governmental bodies referred to in subsection (1) and that regulate the rights, duties, or privileges of any individual must be open to the public.   (3) The presiding officer of any meeting may close the meeting during the time the discussion relates to a matter of individual privacy and then if and only if the presiding officer determines that the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting must be open.   (4) (a) Except as provided in subsection (4)(b), a meeting may be closed to discuss a strategy to be followed with respect to litigation when an open meeting would have a detrimental effect on the litigating position of the public agency.   (b) A meeting may not be closed to discuss strategy to be followed in litigation in which the only parties are public bodies or associations described in subsections (1) and (2).   (5) The supreme court may close a meeting that involves judicial deliberations in an adversarial proceeding.   (6) Any committee or subcommittee appointed by a public body or an association described in subsection (2) for the purpose of conducting business that is within the jurisdiction of that agency is subject to the requirements of this section.   History: En. Sec. 2, Ch. 159, L. 1963; amd. Sec. 1, Ch. 474, L. 1975; amd. Sec. 1, Ch. 567, L. 1977; R.C.M. 1947, 82-3402; amd. Sec. 1, Ch. 380, L. 1979; amd. Sec. 1, Ch. 183, L. 1987; amd. Sec. 1, Ch. 123, L. 1993; amd. Sec. 1, Ch. 218, L. 2005.
MT Code § 2-3-204 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 2. Open Meetings|2-3-204. through 2-3-210 reserved

  2-3-204 through 2-3-210 reserved.
MT Code § 2-3-211 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 2. Open Meetings|2-3-211. Recording

  2-3-211. Recording. A person may not be excluded from any open meeting under this part and may not be prohibited from photographing, televising, transmitting images or audio by electronic or digital means, or recording open meetings. The presiding officer may ensure that these activities do not interfere with the conduct of the meeting.   History: En. 82-3405 by Sec. 4, Ch. 567, L. 1977; R.C.M. 1947, 82-3405; amd. Sec. 1, Ch. 138, L. 2017.
MT Code § 2-3-212 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 2. Open Meetings|2-3-212. Minutes of meetings -- public inspection

  2-3-212. Minutes of meetings -- public inspection. (1) Appropriate minutes of all meetings required by 2-3-203 to be open must be kept and must be available for inspection by the public. If an audio recording of a meeting is made and designated as official, the recording constitutes the official record of the meeting. If an official recording is made, a written record of the meeting must also be made and must include the information specified in subsection (2).   (2) Minutes must include without limitation:   (a) the date, time, and place of the meeting;   (b) a list of the individual members of the public body, agency, or organization who were in attendance;   (c) the substance of all matters proposed, discussed, or decided; and   (d) at the request of any member, a record of votes by individual members for any votes taken.   (3) If the minutes are recorded and designated as the official record, a log or time stamp for each main agenda item is required for the purpose of providing assistance to the public in accessing that portion of the meeting.   (4) Any time a presiding officer closes a public meeting pursuant to 2-3-203, the presiding officer shall ensure that minutes taken in compliance with subsection (2) are kept of the closed portion of the meeting. The minutes from the closed portion of the meeting may not be made available for inspection except pursuant to a court order.   History: En. Sec. 3, Ch. 159, L. 1963; amd. Sec. 3, Ch. 567, L. 1977; R.C.M. 1947, 82-3403; amd. Sec. 1, Ch. 65, L. 2011; amd. Sec. 29, Ch. 348, L. 2015.
MT Code § 2-3-213 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 2. Open Meetings|2-3-213. Voidability

  2-3-213. Voidability. Any decision made in violation of 2-3-203 may be declared void by a district court having jurisdiction. A suit to void a decision must be commenced within 30 days of the date on which the plaintiff or petitioner learns, or reasonably should have learned, of the agency's decision.   History: En. 82-3406 by Sec. 5, Ch. 567, L. 1977; R.C.M. 1947, 82-3406; amd. Sec. 2, Ch. 211, L. 2007.
MT Code § 2-3-214 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 2. Open Meetings|2-3-214. Recording of meetings for certain boards

  2-3-214. Recording of meetings for certain boards. (1) Except as provided in 2-3-203, the following boards shall record their public meetings in a video or audio format:   (a) the board of investments provided for in 2-15-1808;   (b) the public employees' retirement board provided for in 2-15-1009;   (c) the teachers' retirement board provided for in 2-15-1010;   (d) the board of public education provided for in Article X, section 9, of the Montana constitution; and   (e) the board of regents of higher education provided for in Article X, section 9, of the Montana constitution.   (2) All good faith efforts to record meetings in a video format must be made, but if a board is unable to record a meeting in a video format, it must record the meeting in an audio format.   (3) (a) The boards listed in subsection (1) must make the video or audio recordings of meetings under subsection (1) publicly available within 1 business day after the meeting through broadcast on the state government broadcasting service as provided in 5-11-1111 or through publication of streaming video or audio content on the respective board's website.   (b) The department of administration may develop a memorandum of understanding with the legislative services division for broadcasting executive branch content on the state government broadcasting service or live-streaming audio or video executive branch content over the internet.   History: En. Sec. 1, Ch. 133, L. 2015.
MT Code § 2-3-215 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 2. Open Meetings|2-3-215. through 2-3-220 reserved

  2-3-215 through 2-3-220 reserved.
MT Code § 2-3-221 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 2. Open Meetings|2-3-221. Costs to prevailing party in certain actions to enforce constitutional right to know

  2-3-221. Costs to prevailing party in certain actions to enforce constitutional right to know. A person alleging a deprivation of rights who prevails in an action brought in district court to enforce the person's rights under Article II, section 9, of the Montana constitution may be awarded costs and reasonable attorney fees.   History: En. 93-8632 by Sec. 1, Ch. 493, L. 1975; R.C.M. 1947, 93-8632; amd. Sec. 39, Ch. 61, L. 2007; amd. Sec. 30, Ch. 348, L. 2015.
MT Code § 2-3-301 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 3. Public Participation in Governmental Operations|Part 3. Use of Electronic Mail Systems|2-3-301. Agency to accept public comment electronically -- dissemination of electronic mail address and documents required -- fees prohibited

  2-3-301. Agency to accept public comment electronically -- dissemination of electronic mail address and documents required -- fees prohibited. (1) An agency that accepts public comment pursuant to a statute, administrative rule, or policy, including an agency adopting rules pursuant to the Montana Administrative Procedure Act or an agency to which 2-3-111 applies, shall provide for the receipt of public comment by the agency by use of an electronic mail system.   (2) As part of the agency action required by subsection (1), an agency shall disseminate by appropriate media its electronic mail address to which public comment may be made, including dissemination in:   (a) rulemaking notices published pursuant to the Montana Administrative Procedure Act;   (b) the telephone directory of state agencies published by the department of administration;   (c) any notice of agency existence, purpose, and operations published on the internet; or   (d) any combination of the methods of dissemination provided in subsections (2)(a) through (2)(c).   (3) An agency shall, at the request of another agency or person and subject to 2-6-1003, disseminate the electronic documents to that agency or person by electronic mail in place of surface mail. Notification of the availability of an electronic notice of proposed rulemaking may be sent to an interested person as provided in 2-4-302(2)(a)(ii). An agency may not charge a fee for providing documents by electronic mail in accordance with this subsection.   (4) An agency that receives electronic mail pursuant to subsection (1) shall retain the electronic mail as either an electronic or a paper copy to the same extent that other comments are retained.   (5) As used in this section, "agency" means a department, division, bureau, office, board, commission, authority, or other agency of the executive branch of state government.   History: En. Sec. 1, Ch. 484, L. 1999; amd. Sec. 1, Ch. 77, L. 2001; amd. Sec. 19, Ch. 313, L. 2001; amd. Sec. 1, Ch. 41, L. 2011; amd. Sec. 31, Ch. 348, L. 2015.
MT Code § 2-4-101 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 1. General Provisions|2-4-101. Short title -- purpose -- exception

  2-4-101. Short title -- purpose -- exception. (1) This chapter is known and may be cited as the "Montana Administrative Procedure Act".   (2) The purposes of the Montana Administrative Procedure Act are to:   (a) generally give notice to the public of governmental action and to provide for public participation in that action;   (b) establish general uniformity and due process safeguards in agency rulemaking, legislative review of rules, and contested case proceedings;   (c) establish standards for judicial review of agency rules and final agency decisions; and   (d) provide the executive and judicial branches of government with statutory directives.   (3) Effective July 1, 2016, this chapter does not apply to the operations of the state compensation insurance fund provided for in Title 39, chapter 71, part 23. Administrative rules adopted by the state fund board of directors prior to July 1, 2016, apply to new and renewal policies issued by the state fund that are effective prior to July 1, 2016. The state fund is subject to rules adopted by any agency that by law apply to the state fund.   History: En. Sec. 1, Ch. 2, Ex. L. 1971; amd. Sec. 1, Ch. 285, L. 1977; R.C.M. 1947, 82-4201; amd. Sec. 1, Ch. 152, L. 2009; amd. Sec. 2, Ch. 320, L. 2015.
MT Code § 2-4-103 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 1. General Provisions|2-4-103. Rules and statements to be made available to public

  2-4-103. Rules and statements to be made available to public. (1) Each agency shall:   (a) make available for public inspection all rules and all other written statements of policy or interpretations formulated, adopted, or used by the agency in the discharge of its functions;   (b) upon request of any person, provide a copy of any rule.   (2) Unless otherwise provided by statute, an agency may require the payment of the cost of providing such copies.   (3) No agency rule is valid or effective against any person or party whose rights have been substantially prejudiced by an agency's failure to comply with the public inspection requirement herein.   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)(c), (1)(d), (2); amd. Sec. 3, Ch. 243, L. 1979.
MT Code § 2-4-104 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 1. General Provisions|2-4-104. Subpoenas and enforcement -- compelling testimony

  2-4-104. Subpoenas and enforcement -- compelling testimony. (1) An agency conducting any proceeding subject to this chapter may require the furnishing of information, the attendance of witnesses, and the production of books, records, papers, documents, and other objects that may be necessary and proper for the purposes of the proceeding. In furtherance of this power, an agency upon its own motion may and, upon request of any party appearing in a contested case, shall issue subpoenas for witnesses or subpoenas duces tecum. The method for service of subpoenas, witness fees, and mileage must be the same as required in civil actions in the district courts of the state. Except as otherwise provided by statute, witness fees and mileage must be paid by the party at whose request the subpoena was issued.   (2) In case of disobedience of any subpoena issued and served under this section or of the refusal of any witness to testify as to any material matter with regard to which the witness may be interrogated in a proceeding before the agency, the agency may apply to any district court in the state for an order to compel compliance with the subpoena or the giving of testimony. If the agency fails or refuses to seek enforcement of a subpoena issued at the request of a party or to compel the giving of testimony considered material by a party, the party may make an application to the district court. The court shall hear the matter as expeditiously as possible. If the disobedience or refusal is found to be unjustified, the court shall enter an order requiring compliance. Disobedience of the order must be punishable by contempt of court in the same manner and by the same procedures as is provided for similar conduct committed in the course of civil actions in district courts. If another method of subpoena enforcement or compelling testimony is provided by statute, it may be used as an alternative to the method provided for in this section.   History: En. Sec. 20, Ch. 2, Ex. L. 1971; amd. Sec. 19, Ch. 285, L. 1977; R.C.M. 1947, 82-4220(1), (2); amd. Sec. 40, Ch. 61, L. 2007.
MT Code § 2-4-105 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 1. General Provisions|2-4-105. Representation by counsel

  2-4-105. Representation by counsel. Any person compelled to appear in person or who voluntarily appears before any agency or representative thereof shall be accorded the right to be accompanied, represented, and advised by counsel. In a proceeding before an agency, every party shall be accorded the right to appear in person or by or with counsel but this chapter shall not be construed as requiring an agency to furnish counsel to any such person.   History: En. Sec. 21, Ch. 2, Ex. L. 1971; amd. Sec. 20, Ch. 285, L. 1977; R.C.M. 1947, 82-4221.