reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 3. Nepotism › 2-2-302. Appointment of relative to office of trust or emolument unlawful -- exceptions -- publication of notice

2-2-302. Appointment of relative to office of trust or emolument unlawful -- exceptions -- publication of notice.
(1) Except as provided in subsection (2), it is unlawful for a person or member of any board, bureau, or commission or employee at the head of a department of this state or any political subdivision of this state to appoint to any position of trust or emolument any person related or connected by consanguinity within the fourth degree or by affinity within the second degree.
(2) The provisions of 2-2-303 and this section do not apply to:
(a) a sheriff in the appointment of a person as a cook or an attendant;
(b) school district trustees if all the trustees, with the exception of any trustee who is related to the person being appointed and who must abstain from voting for the appointment, approve the appointment of a person related to a trustee;
(c) a school district in the employment of a person as a substitute teacher who is not employed as a substitute teacher for more than 30 consecutive school days as defined by the trustees in 20-1-302;
(d) the renewal of an employment contract of a person who was initially hired before the member of the board, bureau, or commission or the department head to whom the person is related assumed the duties of the office;
(e) the employment of election judges;
(f) the employment of pages or temporary session staff by the legislature;
(g) county commissioners of a county with a population of less than 10,000 if all the commissioners, with the exception of any commissioner who is related to the person being appointed and who must abstain from voting for the appointment, approve the appointment of a person related to a commissioner; or
(h) a board, bureau, or commission of a county with a population of less than 10,000 people, if all the board, bureau, or commission members, with the exception of any member who is related to the person being appointed and who must abstain from voting for the appointment, approve the appointment of a person related to a board member.
(3) Prior to the appointment of a person referred to in subsection (2)(b), (2)(g), or (2)(h), written notice of the time and place for the intended action must be published at least 15 days prior to the intended action in a newspaper of general circulation in the county in which the school district is located or the county office or position is located.
History: En. Sec. 2, Ch. 12, L. 1933; re-en. Sec. 456.2, R.C.M. 1935; amd. Sec. 1, Ch. 94, L. 1955; amd. Sec. 27, Ch. 535, L. 1975; R.C.M. 1947, 59-519(part); amd. Sec. 1, Ch. 117, L. 1987; amd. Sec. 1, Ch. 55, L. 1991; amd. Sec. 1, Ch. 238, L. 1991; amd. Sec. 10, Ch. 562, L. 1995; amd. Sec. 1, Ch. 138, L. 2005; amd. Sec. 1, Ch. 316, L. 2005; amd. Sec. 1, Ch. 184, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 3. Nepotism › 2-2-303. Agreements to appoint relative to office unlawful

2-2-303. Agreements to appoint relative to office unlawful.
It shall further be unlawful for any person or any member of any board, bureau, or commission or employee of any department of this state or any political subdivision thereof to enter into any agreement or any promise with other persons or any members of any boards, bureaus, or commissions or employees of any department of this state or any of its political subdivisions thereof to appoint to any position of trust or emolument any person or persons related to them or connected with them by consanguinity within the fourth degree or by affinity within the second degree.
History: En. Sec. 2, Ch. 12, L. 1933; re-en. Sec. 456.2, R.C.M. 1935; amd. Sec. 1, Ch. 94, L. 1955; amd. Sec. 27, Ch. 535, L. 1975; R.C.M. 1947, 59-519(part).
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 2. Standards of Conduct › Part 3. Nepotism › 2-2-304. Penalty for violation of nepotism law

2-2-304. Penalty for violation of nepotism law.
A public officer or employee or a member of any board, bureau, or commission of this state or any political subdivision who, by virtue of the person's office, has the right to make or appoint any person to render services to this state or any subdivision of this state and who makes or appoints a person to the services or enters into any agreement or promise with any other person or employee or any member of any board, bureau, or commission of any other department of this state or any of its subdivisions to appoint to any position any person or persons related to the person making the appointment or connected with the person making the appointment by consanguinity within the fourth degree or by affinity within the second degree is guilty of a misdemeanor and upon conviction shall be punished by a fine not less than $50 or more than $1,000, by imprisonment in the county jail for not more than 6 months, or both.
History: En. Sec. 3, Ch. 12, L. 1933; re-en. Sec. 456.3, R.C.M. 1935; R.C.M. 1947, 59-520; amd. Sec. 1, Ch. 253, L. 1989; amd. Sec. 37, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 3. Public Participation in Governmental Operations › Part 1. Notice and Opportunity to Be Heard › 2-3-101. Legislative intent

2-3-101. Legislative intent.
The legislature finds and declares pursuant to the mandate of Article II, section 8, of the 1972 Montana constitution that legislative guidelines should be established to secure to the people of Montana their constitutional right to be afforded reasonable opportunity to participate in the operation of governmental agencies prior to the final decision of the agency.
History: En. 82-4226 by Sec. 1, Ch. 491, L. 1975; R.C.M. 1947, 82-4226.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 3. Public Participation in Governmental Operations › Part 1. Notice and Opportunity to Be Heard › 2-3-102. Definitions

2-3-102. Definitions.
As used in this part, the following definitions apply:
(1) "Agency" means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, or enter into contracts except:
(a) the legislature and any branch, committee, or officer thereof;
(b) the judicial branches and any committee or officer thereof;
(c) the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or
(d) the state military establishment and agencies concerned with civil defense and recovery from hostile attack.
(2) "Agency action" means the whole or a part of the adoption of an agency rule, the issuance of a license or order, the award of a contract, or the equivalent or denial thereof.
(3) "Rule" means any 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 any 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; or
(b) declaratory rulings as to the applicability of any statutory provision or of any rule.
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. 1, Ch. 243, L. 1979.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 3. Public Participation in Governmental Operations › Part 1. Notice and Opportunity to Be Heard › 2-3-103. Public participation -- governor to ensure guidelines adopted -- procedures for publishing notice

2-3-103. Public participation -- governor to ensure guidelines adopted -- procedures for publishing notice.
(1) (a) Each agency shall develop procedures for permitting and encouraging the public to participate in agency decisions that are of significant interest to the public. The procedures must ensure adequate notice and assist public participation before a final agency action is taken that is of significant interest to the public.
(b) The agency shall publish an agenda for a meeting, as defined in 2-3-202, as follows:
(i) if a newspaper of general circulation in the county where the agency is located publishes electronic notices and links to meeting agendas free of charge to the agency on the newspaper's website, the agency shall provide the notice and agenda to the newspaper to post on the newspaper's website;
(ii) if the agency does not have an option to post notices and links to meeting agendas free of charge, the agency shall provide adequate notice of a meeting by doing at least one of the following:
(A) posting a link to the meeting agenda on the agency's primary website; or
(B) posting the agenda on the social media site of the agency.
(c) The agenda must include an item allowing public comment on any public matter that is not on the agenda of the meeting and that is within the jurisdiction of the agency conducting the meeting. However, the agency may not take action on any matter discussed unless specific notice of that matter is included on an agenda and public comment has been allowed on that matter.
(d) Public comment received at a meeting must be incorporated into the official minutes of the meeting, as provided in 2-3-212.
(e) For purposes of this section, "public matter" does not include contested case and other adjudicative proceedings.
(2) The governor shall ensure that each board, bureau, commission, department, authority, agency, or officer of the executive branch of the state adopts coordinated rules for its programs. The guidelines must provide policies and procedures to facilitate public participation in those programs, consistent with subsection (1). These guidelines must be adopted as rules and published in a manner so that the rules may be provided to a member of the public upon request.
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(1), (5); amd. Sec. 1, Ch. 425, L. 2003; amd. Sec. 1, Ch. 396, L. 2023.
2023 Montana Code Annotated › Title 2. Government Structure and Administration › Chapter 3. Public Participation in Governmental Operations › Part 1. Notice and Opportunity to Be Heard › 2-3-104. Requirements for compliance with notice provisions

2-3-104. Requirements for compliance with notice provisions.
An agency shall be considered to have complied with the notice provisions of 2-3-103 if:
(1) an environmental impact statement is prepared and distributed as required by the Montana Environmental Policy Act, Title 75, chapter 1;
(2) a proceeding is held as required by the Montana Administrative Procedure Act;
(3) a public hearing, after appropriate notice is given, is held pursuant to any other provision of state law or a local ordinance or resolution; or
(4) a newspaper of general circulation within the area to be affected by a decision of significant interest to the public has carried a news story or advertisement concerning the decision sufficiently prior to a final decision to permit public comment on the matter.
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(2).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.