Montana Administrative Code

1.2.512 TYPING FORMAT FOR CHAPTER PAGES BEGINNING WITH CHAPTER 2 (REPEALED) Authorizing statute(s): 2-4-306, MCA Implementing statute(s): 2-4-306, MCA History: NEW, 1978 MAR p. 1742, Eff. 12/29/78; REP, 1983 MAR p. 1268, Eff. 10/1/83.

1.2.513 TYPING FORMAT FOR OLD TO NEW NUMBERING TABLE AND NEW TO OLD NUMBERING TABLE (REPEALED) Authorizing statute(s): 2-4-306, MCA Implementing statute(s): 2-4-306, MCA History: NEW, 1978 MAR p. 1742, Eff. 12/29/78; REP, 1980 MAR p. 1740, Eff. 7/1/80.

1.2.514 TYPING FORMAT FOR CROSS REFERENCE TABLES (REPEALED) Authorizing statute(s): 2-4-306, MCA Implementing statute(s): 2-4-306, MCA History: NEW, 1978 MAR p. 1742, Eff. 12/29/78; REP, 1983 MAR p. 1268, Eff. 10/1/83.

1.2.515 TYPING FORMAT FOR TOPICAL INDEX (REPEALED) Authorizing statute(s): 2-4-306, MCA Implementing statute(s): 2-4-306, MCA History: NEW, 1978 MAR p. 1742, Eff. 12/29/78; REP, 1983 MAR p. 1268, Eff. 10/1/83.

1.2.516 TYPING FORMAT FOR CHARTS, ILLUSTRATIONS AND FORMS (REPEALED) Authorizing statute(s): 2-4-306, MCA Implementing statute(s): 2-4-306, MCA History: NEW, 1978 MAR p. 1742, Eff. 12/29/78; REP, 1983 MAR p. 1268, Eff. 10/1/83.

1.2.517 TYPING FORMAT FOR EMERGENCY RULES TO BE PUBLISHED IN THE MONTANA ADMINISTRATIVE REGISTER (REPEALED) Authorizing statute(s): 2-4-306, MCA Implementing statute(s): 2-4-306, MCA History: NEW, 1978 MAR p. 1742, Eff. 12/29/78; REP, 1983 MAR p. 1268, Eff. 10/1/83.

1.2.518 TYPING FORMAT FOR ADMINISTRATIVE ORDERS (REPEALED) Authorizing statute(s): 2-4-306, MCA Implementing statute(s): 2-4-306, MCA History: NEW, 1978 MAR p. 1742, Eff. 12/29/78; REP, 1983 MAR p. 1268, Eff. 10/1/83.

1.2.519 BASIC FORMAT REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 2-4-201, 2-4-306, 2-15-401, MCA Implementing statute(s): 2-4-110, 2-4-303, 2-4-306, MCA History: NEW, 1983 MAR p. 1268, Eff. 10/1/83; AMD, 1987 MAR p. 1114, Eff. 7/17/87; AMD, 1991 MAR p. 1954, Eff. 1…

1.3.101 INTRODUCTION AND DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-4-202, MCA History: Eff. 12/24/77; AMD, 1979 MAR p. 1199, Eff. 10/12/79; AMD, 1999 MAR p. 1225, Eff. 6/4/99; AMD, 2008 MAR p. 1593, Eff. 8/1/08; REP, 2024 MA…

1.3.102 NOTICE OF AGENCY ACTION THAT IS OF SIGNIFICANT INTEREST TO THE PUBLIC (REPEALED) (REPEALED) Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-3-103, 2-4-202, 2-4-302, MCA History: Eff. 12/24/77; AMD, 1979 MAR p. 1200, Eff. 10/12/79; AMD, 1981 MAR p. 1196, Ef…

1.3.201 INTRODUCTION AND DEFINITIONS Montana statutes are referred to collectively as the Montana Code Annotated (MCA). The Montana Administrative Procedure Act is referred to as "MAPA" and includes 2-4-101 through 2-4-711, MCA. MAPA outlines procedures that agencies must follow …

1.3.202 APPLICATION OF MONTANA ADMINISTRATIVE PROCEDURE ACT MAPA applies to all state agencies as defined in 2-4-102, MCA. Note that the state Board of Pardons and Parole is subject to only the sections enumerated in 2-4-103, 2-4-201, 2-4-202, and 2-4-306, MCA, and the requiremen…

1.3.211 CONTESTED CASES, INTRODUCTION A rule is an agency statement of general applicability that interprets law or describes agency requirements. It applies to all persons who are subject to the requirements or regulations of the agency and comes within the terms of the rule. A …

1.3.212 CONTESTED CASES, NOTICE OF OPPORTUNITY TO BE HEARD All parties to contested cases must be provided notice of hearing. As illustrated by sample form 212a, the notice must include: the time, place, and nature of the hearing; the legal authority and jurisdiction under which …

1.3.213 CONTESTED CASES, EMERGENCY SUSPENSION OF A LICENSE Pursuant to 2-4-631(3), MCA, if an agency makes a determination that public health, safety, or welfare requires emergency action, the agency may order immediate suspension of a license. The order must include findings jus…

1.3.214 CONTESTED CASES, DEFAULT ORDER In a contested case, if a party does not appear to contest an intended agency action, the agency may enter a default order. If a default is entered, pursuant to 2-4-623, MCA, the order must be in writing and include findings of fact and conc…

1.3.215 CONTESTED CASES, INFORMAL DISPOSITION Informal disposition of contested cases is permissible pursuant to 2-4-603, MCA. Informal proceedings in contested cases must give the parties an opportunity to present to the agency or the hearing examiner written or oral evidence ch…

1.3.216 CONTESTED CASES, APPLICATION FOR MORE DEFINITE AND DETAILED STATEMENT A party who has been given notice of a contested case hearing may apply to the agency or the designated hearing examiner for a more definite and detailed statement of the issues involved in the hearing.…

1.3.217 CONTESTED CASES, DISCOVERY In all contested cases, discovery is available to the parties in accordance with Rules 26 through 37 of the Montana Rules of Civil Procedure. However, Rule 27 and Rule 37(b)(1) and 37(b)(2)(D) shall not apply. All references to the "court" shall…

1.3.218 CONTESTED CASES, HEARING EXAMINERS An agency may appoint a hearing examiner to conduct a hearing in a contested case. A hearing examiner appointed under this part may: administer oaths or affirmations; issue subpoenas; provide for the taking of testimony and depositions; …

1.3.219 CONTESTED CASES, HEARING The contested case hearing shall be conducted before the decision making authority of the agency or a hearing officer designated in accordance with ARM 1.3.218. The presiding officer must ensure that all parties are afforded the opportunity to res…

1.3.220 CONTESTED CASES, RECORD The record in a contested case must include: all pleadings, motions, and rulings; all evidence, either written or oral, received, or considered by the presiding officer; a statement of matters officially noticed; questions and offers of proof, obje…

1.3.221 CONTESTED CASES, EVIDENCE Unless otherwise provided by statute, all evidence introduced in a contested case hearing shall be received and evaluated in conformance with common law and statutory rules of evidence. Authorizing statute(s): 2-4-202, MCA Implementing statute(s)…

1.3.222 CONTESTED CASES, EX PARTE COMMUNICATIONS Pursuant to 2-4-613, MCA, ex parte communications with the presiding officer or any person authorized to participate in the decision of the contested case are prohibited unless otherwise authorized by law. Authorizing statute(s): 2…

1.3.223 CONTESTED CASES, PROPOSED ORDERS If a majority of the officials of the agency who are to render the final decision have not heard the case, a decision that is adverse to a party (other than the agency itself) may not be made until a proposed decision is served upon the pa…

1.3.224 CONTESTED CASES, FINAL ORDERS A final decision or order adverse to a party in a contested case must be in writing and must include findings of fact and conclusions of law. See sample form 224a. Parties and their attorneys must be served with a copy of a final decision or …

1.3.225 MODEL RULE 21 CONTESTED CASES, NOTICE OF FINAL DECISION (REPEALED) Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-4-202, MCA History: Eff. 12/24/77; AMD, 1979 MAR p. 1235, Eff. 10/12/79; REP, 2008 MAR p. 1700, Eff. 8/15/08.

1.3.226 DECLARATORY RULINGS, INTRODUCTION A party may seek a declaratory ruling from the agency when doubt exists as to how a statute or rule administered by an agency affects the party's legal rights. Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-4-202, MCA His…

1.3.227 DECLARATORY RULINGS, CONTENT OF PETITION A petition for declaratory ruling must be typewritten or printed. The petition must include: the name and address of petitioner; a detailed statement of the facts upon which petitioner requests the agency to base its declaratory ru…

1.3.228 MODEL RULE 23 DECLARATORY RULINGS, DENIAL OF PETITION If the agency denies a petition for declaratory ruling, the agency must mail a copy of the order denying the petition to all persons named in the petition. An order denying a petition must include a statement of the gr…

1.3.229 DECLARATORY RULINGS, EFFECT A declaratory ruling is binding between the agency and the petitioner concerning the set of facts presented in the petition. A declaratory ruling or notice of refusal to issue a ruling is a final agency decision subject to judicial review in th…

1.3.230 GENERAL PROVISIONS, SUBPOENAS An agency conducting contested case or declaratory ruling proceedings may require the furnishing of information, attendance of witnesses, and production of evidence through subpoena and subpoena duces tecum. Subpoenas must be issued and serve…

1.3.231 GENERAL PROVISIONS, REPRESENTATION A person appearing before the agency has the right to be accompanied, represented, and advised by counsel. The agency should advise a party to a contested case of the right to counsel. A corporation appearing before an agency is consider…

1.3.232 GENERAL PROVISIONS, SERVICE Unless otherwise provided by law and these rules, all motions and pleadings must be served in accordance with the Montana Rules of Civil Procedure. Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-4-202, MCA History: Eff. 12/31/7…

1.3.233 GENERAL PROVISIONS, PUBLIC INSPECTION OF ORDERS AND DECISIONS Agencies must maintain an index of all final orders and decisions in contested cases and declaratory rulings. All final decisions and orders must be available for public inspection on request. Copies of final d…

1.3.301 INTRODUCTION AND DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-4-201, 2-4-202, MCA History: NEW, 2008 MAR p. 1593, Eff. 8/1/08; REP, 2024 MAR p. 1472, Eff. 6/22/24.

1.3.302 APPLICATION OF MONTANA ADMINISTRATIVE PROCEDURE ACT (REPEALED) (REPEALED) Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-4-102, 2-4-202, MCA History: NEW, 2008 MAR p. 1593, Eff. 8/1/08; REP, 2024 MAR p. 1472, Eff. 6/22/24.

1.3.304 RULEMAKING, BIENNIAL REVIEW (REPEALED) (REPEALED) Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-4-202, MCA History: Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1225, Eff. 10/12/79; AMD, 1999 MAR p. 1225, Eff. 6/4/99; AMD & TRANS…

1.3.305 ORGANIZATIONAL RULE (REPEALED) (REPEALED) Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-4-201, 2-4-202, 2-4-314, MCA History: Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1200, Eff. 10/12/79; AMD, 1981 MAR p. 1196, Eff. 10/16/81;…

1.3.307 RULEMAKING, INTRODUCTION (REPEALED) (REPEALED) Authorizing statute(s): 2-4-202, 2-15-401, MCA Implementing statute(s): 2-4-111, 2-4-202, 2-4-302, 2-4-303, 2-4-305, MCA History: Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1204, Eff. 10/12/79; AMD,…

1.3.308 RULEMAKING, PETITION TO ADOPT, AMEND, OR REPEAL RULE (REPEALED) (REPEALED) Authorizing statute(s): 2-4-202, MCA Implementing statute(s): 2-4-202, 2-4-315, MCA History: Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1207, Eff. 10/12/79; AMD, 1981 MAR…

1.3.309 RULEMAKING, PROPOSAL NOTICE (REPEALED) (REPEALED) Authorizing statute(s): 2-4-202, 2-15-401, MCA Implementing statute(s): 2-4-111, 2-4-202, 2-4-302, 2-4-305, 2-4-307, MCA History: Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1219, Eff. 10/12/79; A…