reglab/housing_qa huggingface dataset:
MT Code § 2-4-402 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 4. Legislative Review of Rules|2-4-402. Powers of committees -- duty to review rules

  2-4-402. Powers of committees -- duty to review rules. (1) The administrative rule review committees shall review all proposed rules filed with the secretary of state.  (2) Subject to 2-4-112, the appropriate administrative rule review committee may:   (a) request and obtain an agency's rulemaking records for the purpose of reviewing compliance with 2-4-305;   (b) prepare written recommendations for the adoption, amendment, or rejection of a rule and submit those recommendations to the department proposing the rule and submit oral or written testimony at a rulemaking hearing;   (c) require that a rulemaking hearing be held in accordance with the provisions of 2-4-302 through 2-4-305;   (d) institute, intervene in, or otherwise participate in proceedings involving this chapter in the state and federal courts and administrative agencies;   (e) review the incidence and conduct of administrative proceedings under this chapter.   History: En. 82-4203.5 by Sec. 4, Ch. 410, L. 1975; amd. Sec. 7, Ch. 285, L. 1977; amd. Sec. 1, Ch. 561, L. 1977; R.C.M. 1947, 82-4203.5(1)(a) thru (1)(c); amd. Sec. 12, Ch. 243, L. 1979; amd. Sec. 11, Ch. 268, L. 1979; amd. Sec. 4, Ch. 381, L. 1981; amd. Sec. 2, Ch. 78, L. 1983; amd. Sec. 1, Ch. 572, L. 1989; amd. Sec. 11, Ch. 19, L. 1999; amd. Sec. 6, Ch. 102, L. 2021.
MT Code § 2-4-403 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 4. Legislative Review of Rules|2-4-403. Legislative intent -- poll

  2-4-403. Legislative intent -- poll. (1) Subject to 2-4-112, if the legislature is not in session, the committee may poll all members of the legislature by mail to determine whether a proposed rule is consistent with the intent of the legislature.  (2) If 20 or more legislators object to a proposed rule, the committee shall poll the members of the legislature.   (3) The poll must include an opportunity for the agency to present a written justification for the proposed rule to the members of the legislature.   History: En. 82-4203.5 by Sec. 4, Ch. 410, L. 1975; amd. Sec. 7, Ch. 285, L. 1977; amd. Sec. 1, Ch. 561, L. 1977; R.C.M. 1947, 82-4203.5(1)(d), (1)(e); amd. Sec. 2, Ch. 87, L. 2007; amd. Sec. 7, Ch. 102, L. 2021.
MT Code § 2-4-404 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 4. Legislative Review of Rules|2-4-404. Evidentiary value of legislative poll

  2-4-404. Evidentiary value of legislative poll. If the appropriate administrative rule review committee has conducted a poll of the legislature in accordance with 2-4-403, the results of the poll must be admissible in any court proceeding involving the validity of the proposed rule or the validity of the adopted rule if the rule was adopted by the agency. If the poll determines that a majority of the members of both houses find that the proposed rule or adopted rule is contrary to the intent of the legislature, the proposed rule or adopted rule must be conclusively presumed to be contrary to the legislative intent in any court proceeding involving its validity.   History: En. Sec. 2, Ch. 561, L. 1977; R.C.M. 1947, 82-4205(3); amd. Sec. 12, Ch. 19, L. 1999; amd. Sec. 3, Ch. 87, L. 2007.
MT Code § 2-4-406 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 4. Legislative Review of Rules|2-4-406. Committee objection to violation of authority for rule -- effect

  2-4-406. Committee objection to violation of authority for rule -- effect. (1) Subject to 2-4-112, if the appropriate administrative rule review committee objects to all or some portion of a proposed or adopted rule because the committee considers it not to have been proposed or adopted in substantial compliance with 2-4-302, 2-4-303, and 2-4-305, the committee shall send a written objection to the agency that promulgated the rule. The objection must contain a concise statement of the committee's reasons for its action.  (2) Within 14 days after the mailing of a committee objection to a rule, the agency promulgating the rule shall respond in writing to the committee. After receipt of the response, the committee may withdraw or modify its objection.   (3) Subject to 2-4-112, if the committee fails to withdraw or substantially modify its objection to a rule, it may vote to send the objection to the secretary of state, who shall, upon receipt of the objection, publish the objection in the register adjacent to any notice of adoption of the rule and in the ARM adjacent to the rule, provided an agency response must also be published if requested by the agency. Costs of publication of the objection and the agency response must be paid by the committee.   (4) If an objection to all or a portion of a rule has been published pursuant to subsection (3), the agency bears the burden, in any action challenging the legality of the rule or portion of a rule objected to by the committee, of proving that the rule or portion of the rule objected to was adopted in substantial compliance with 2-4-302, 2-4-303, and 2-4-305. If a rule is invalidated by court judgment because the agency failed to meet its burden of proof imposed by this subsection and the court finds that the rule was adopted in arbitrary and capricious disregard for the purposes of the authorizing statute, the court may award costs and reasonable attorney fees against the agency.   History: En. Sec. 1, Ch. 589, L. 1983; amd. Sec. 14, Ch. 19, L. 1999; amd. Sec. 9, Ch. 102, L. 2021.
MT Code § 2-4-407 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 4. Legislative Review of Rules|2-4-407. through 2-4-409 reserved

  2-4-407 through 2-4-409 reserved.
MT Code § 2-4-410 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 4. Legislative Review of Rules|2-4-410. Report of litigation

  2-4-410. Report of litigation. Each agency shall report to the appropriate administrative rule review committee any judicial proceedings in which the construction or interpretation of any provision of this chapter is in issue and may report to the committee any proceeding in which the construction or interpretation of any rule of the agency is in issue. Subject to 2-4-112, on request of the committee, copies of documents filed in any proceeding in which the construction or interpretation of either this chapter or an agency rule is in issue must be made available to the committee by the agency involved.  History: En. Sec. 6, Ch. 381, L. 1981; amd. Sec. 15, Ch. 19, L. 1999; amd. Sec. 10, Ch. 102, L. 2021.
MT Code § 2-4-411 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 4. Legislative Review of Rules|2-4-411. Report

  2-4-411. Report. Subject to 2-4-112, the committee may recommend amendments to the Montana Administrative Procedure Act or the repeal, amendment, or adoption of a rule as provided in 2-4-412 and make other recommendations and reports as it considers advisable.  History: En. 82-4203.5 by Sec. 4, Ch. 410, L. 1975; amd. Sec. 7, Ch. 285, L. 1977; amd. Sec. 1, Ch. 561, L. 1977; R.C.M. 1947, 82-4203.5(2); amd. Sec. 3, Ch. 112, L. 1991; amd. Sec. 3, Ch. 349, L. 1993; amd. Sec. 11, Ch. 102, L. 2021.
MT Code § 2-4-412 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 4. Legislative Review of Rules|2-4-412. Legislative review of rules -- effect of failure to object

  2-4-412. Legislative review of rules -- effect of failure to object. (1) (a) The legislature may, by bill, repeal any rule in the ARM. If a rule is repealed, the legislature shall in the bill state its objections to the repealed rule. If an agency adopts a new rule to replace the repealed rule, the agency shall adopt the new rule in accordance with the objections stated by the legislature in the bill. If the legislature does not repeal a rule filed with it before the adjournment of that regular session, the rule remains valid.  (b) The legislature may, by joint resolution, repeal a rule or amendment to a rule in the ARM that was adopted after final adjournment of the most recent regular legislative session. If an agency adopts a new rule to replace the repealed rule, the agency shall adopt the new rule in accordance with the objections stated by the legislature in the joint resolution. In order to be effective, the joint resolution must be passed during the regular session and not during a special session. After the regular session adjourns, the rule or the amendment to the rule that was adopted during the period between the two regular legislative sessions remains valid and may not be repealed using a joint resolution.   (2) The legislature may also by joint resolution request or advise or by bill direct the adoption, amendment, or repeal of any rule. If a change in a rule or the adoption of an additional rule is advised, requested, or directed to be made, the legislature shall in the joint resolution or bill state the nature of the change or the additional rule to be made and its reasons for the change or addition. The agency shall, in the manner provided in the Montana Administrative Procedure Act, adopt a new rule in accordance with the legislative direction in a bill.   (3) Rules and changes in rules made by agencies under subsection (2) must conform and be pursuant to statutory authority.   (4) Failure of the legislature or the appropriate administrative rule review committee to object in any manner to the adoption, amendment, or repeal of a rule is inadmissible in the courts of this state to prove the validity of any rule.   History: En. 82-4203.1 by Sec. 1, Ch. 239, L. 1973; amd. Sec. 1, Ch. 236, L. 1974; amd. Sec. 4, Ch. 285, L. 1977; R.C.M. 1947, 82-4203.1; amd. Sec. 5, Ch. 381, L. 1981; amd. Sec. 1, Ch. 164, L. 1983; amd. Sec. 16, Ch. 19, L. 1999; amd. Sec. 1, Ch. 288, L. 2021.
MT Code § 2-4-501 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 5. Judicial Notice and Declaratory Rulings|2-4-501. Declaratory rulings by agencies

  2-4-501. Declaratory rulings by agencies. Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency. A copy of a declaratory ruling must be filed with the secretary of state for publication in the register. A declaratory ruling or the refusal to issue such a ruling shall be subject to judicial review in the same manner as decisions or orders in contested cases.   History: En. Sec. 18, Ch. 2, Ex. L. 1971; R.C.M. 1947, 82-4218; amd. Sec. 13, Ch. 243, L. 1979.
MT Code § 2-4-502 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 5. Judicial Notice and Declaratory Rulings|2-4-502. through 2-4-504 reserved

  2-4-502 through 2-4-504 reserved.
MT Code § 2-4-505 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 5. Judicial Notice and Declaratory Rulings|2-4-505. Judicial notice of rules

  2-4-505. Judicial notice of rules. The courts shall take judicial notice of any rule filed and published under the provisions of this chapter.   History: En. Sec. 8, Ch. 2, Ex. L. 1971; amd. Sec. 13, Ch. 285, L. 1977; R.C.M. 1947, 82-4208.
MT Code § 2-4-506 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 5. Judicial Notice and Declaratory Rulings|2-4-506. Declaratory judgments on validity or application of rules

  2-4-506. Declaratory judgments on validity or application of rules. (1) A rule may be declared invalid or inapplicable in an action for declaratory judgment if it is found that the rule or its threatened application interferes with or impairs or threatens to interfere with or impair the legal rights or privileges of the plaintiff.   (2) A rule may also be declared invalid in the action on the grounds that the rule was adopted with an arbitrary or capricious disregard for the purpose of the authorizing statute as evidenced by documented legislative intent.   (3) A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.   (4) The action may be brought in the district court for the county in which the plaintiff resides or has a principal place of business or in which the agency maintains its principal office. The agency must be made a party to the action.   History: En. Sec. 19, Ch. 2, Ex. L. 1971; amd. Sec. 5, Ch. 560, L. 1977; R.C.M. 1947, 82-4219; amd. Sec. 14, Ch. 243, L. 1979; amd. Sec. 2, Ch. 589, L. 1983; amd. Sec. 42, Ch. 61, L. 2007.
MT Code § 2-4-601 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-601. Notice

  2-4-601. Notice. (1) In a contested case, all parties must be afforded an opportunity for hearing after reasonable notice.   (2) The notice must include:   (a) a statement of the time, place, and nature of the hearing;   (b) a statement of the legal authority and jurisdiction under which the hearing is to be held;   (c) a reference to the particular sections of the statutes and rules involved;   (d) a short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement must be furnished.   (e) a statement that a formal proceeding may be waived pursuant to 2-4-603.   History: En. Sec. 9, Ch. 2, Ex. L. 1971; R.C.M. 1947, 82-4209(1), (2); amd. Sec. 1, Ch. 277, L. 1979.
MT Code § 2-4-602 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-602. Discovery

  2-4-602. Discovery. Each agency shall provide in its rules of practice for discovery prior to a contested case hearing.   History: En. Sec. 19, Ch. 285, L. 1977; R.C.M. 1947, 82-4220(3).
MT Code § 2-4-603 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-603. Informal disposition and hearings -- waiver of administrative proceedings -- recording and use of settlement proceeds

  2-4-603. Informal disposition and hearings -- waiver of administrative proceedings -- recording and use of settlement proceeds. (1) (a) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. A stipulation, agreed settlement, consent order, or default that disposes of a contested case must be in writing.   (b) Unless otherwise provided by law, if a stipulation, agreed settlement, consent order, or default results in a monetary settlement involving an agency or the state, settlement proceeds must be deposited in the account or fund in which the penalty, fine, or other payment would be deposited if the contested case had proceeded to final decision. If there is no account or fund designated for the fine, penalty, or payment in the type of action, then the settlement must be deposited in the general fund.   (c) If a stipulation, agreed settlement, consent order, or default results in a nonmonetary settlement involving an agency or the state, settlement proceeds, whether received by the state or a third party, must be recorded in a nonstate, nonfederal state special revenue account established pursuant to 17-2-102(1)(b)(i) for the purpose of recording nonmonetary settlements.   (2) Except as otherwise provided, parties to a contested case may jointly waive in writing a formal proceeding under this part. The parties may then use informal proceedings under 2-4-604. Parties to contested case proceedings held under Title 37 or under any other provision relating to licensure to pursue a profession or occupation may not waive formal proceedings.   (3) If a contested case does not involve a disputed issue of material fact, parties may jointly stipulate in writing to waive contested case proceedings and may directly petition the district court for judicial review pursuant to 2-4-702. The petition must contain an agreed statement of facts and a statement of the legal issues or contentions of the parties upon which the court, together with the additions it may consider necessary to fully present the issues, may make its decision.   History: En. Sec. 9, Ch. 2, Ex. L. 1971; R.C.M. 1947, 82-4209(4); amd. Sec. 2, Ch. 277, L. 1979; amd. Sec. 1, Ch. 451, L. 1999; amd. Sec. 1, Ch. 305, L. 2001; amd. Sec. 1, Ch. 347, L. 2005.
MT Code § 2-4-604 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-604. Informal proceedings

  2-4-604. Informal proceedings. (1) In proceedings under this section, the agency shall, in accordance with procedures adopted under 2-4-201:   (a) give affected persons or parties or their counsel an opportunity, at a convenient time and place, to present to the agency or hearing examiner:   (i) written or oral evidence in opposition to the agency's action or refusal to act;   (ii) a written statement challenging the grounds upon which the agency has chosen to justify its action or inaction; or   (iii) other written or oral evidence relating to the contested case;   (b) if the objections of the persons or parties are overruled, provide a written explanation within 7 days.   (2) The record must consist of:   (a) the notice and summary of grounds of the opposition;   (b) evidence offered or considered;   (c) any objections and rulings on the objections;   (d) all matters placed on the record after ex parte communication pursuant to 2-4-613;   (e) a recording of any hearing held, together with a statement of the substance of the evidence received or considered, the written or oral statements of the parties or other persons, and the proceedings. A party may object in writing to the statement or may order at that party's cost a transcription of the recording, or both. Objections become a part of the record.   (3) Agencies shall give effect to the rules of privilege recognized by law.   (4) In agency proceedings under this section, irrelevant, immaterial, or unduly repetitious evidence must be excluded but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs is admissible, whether or not the evidence is admissible in a trial in the courts of Montana. Any part of the evidence may be received in written form, and all testimony of parties and witnesses must be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it is admissible over objection in civil actions.   (5) A party may petition for review of an informal agency decision pursuant to part 7 of this chapter.   History: En. Sec. 3, Ch. 277, L. 1979; amd. Sec. 43, Ch. 61, L. 2007.
MT Code § 2-4-605 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-605. through 2-4-610 reserved

  2-4-605 through 2-4-610 reserved.
MT Code § 2-4-611 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-611. Hearing examiners -- legal services unit -- conduct of hearings -- disqualification of hearing examiners and agency members

  2-4-611. Hearing examiners -- legal services unit -- conduct of hearings -- disqualification of hearing examiners and agency members. (1) An agency may appoint hearing examiners for the conduct of hearings in contested cases. A hearing examiner must be assigned with due regard to the expertise required for the particular matter.   (2) An agency may elect to request a hearing examiner from an agency legal assistance program, if any, within the attorney general's office or from another agency. If the request is honored, the time, date, and place of the hearing must be set by the agency, with the concurrence of the legal assistance program or the other agency.   (3) Agency members or hearing examiners presiding over hearings may administer oaths or affirmations; issue subpoenas pursuant to 2-4-104; provide for the taking of testimony by deposition; regulate the course of hearings, including setting the time and place for continued hearings and fixing the time for filing of briefs or other documents; and direct parties to appear and confer to consider simplification of the issues by consent of the parties.   (4) On the filing by a party, hearing examiner, or agency member in good faith of a timely and sufficient affidavit of personal bias, lack of independence, disqualification by law, or other disqualification of a hearing examiner or agency member, the agency shall determine the matter as a part of the record and decision in the case. The agency may disqualify the hearing examiner or agency member and request another hearing examiner pursuant to subsection (2) or assign another hearing examiner from within the agency. The affidavit must state the facts and the reasons for the belief that the hearing examiner should be disqualified and must be filed not less than 10 days before the original date set for the hearing.   History: En. Sec. 11, Ch. 2, Ex. L. 1971; R.C.M. 1947, 82-4211(part); amd. Sec. 1, Ch. 467, L. 1979; amd. Sec. 2, Ch. 3, L. 1985.
MT Code § 2-4-612 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 4. Administrative Procedure Act|Part 6. Contested Cases|2-4-612. Hearing -- rules of evidence, cross-examination, judicial notice

  2-4-612. Hearing -- rules of evidence, cross-examination, judicial notice. (1) Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.   (2) Except as otherwise provided by statute relating directly to an agency, agencies shall be bound by common law and statutory rules of evidence. Objections to evidentiary offers may be made and shall be noted in the record. When a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.   (3) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.   (4) All testimony shall be given under oath or affirmation.   (5) A party shall have the right to conduct cross-examinations required for a full and true disclosure of facts, including the right to cross-examine the author of any document prepared by or on behalf of or for the use of the agency and offered in evidence.   (6) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed, including any staff memoranda or data. They shall be afforded an opportunity to contest the material so noticed.   (7) The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of evidence.   History: En. Secs. 9, 10, 11, Ch. 2, Ex. L. 1971; R.C.M. 1947, 82-4209(3), 82-4210, 82-4211(part).