1.2.205    RULE TYPES AND LOCATIONS

(1) There are two ways to categorize rules, by subject matter and by duration.

(2) Subject matter types are organizational, procedural, and substantive.

(a) Organizational rules describe the structure of the department and the divisions of function. Each department has a single organizational rule, found in chapter 1 under each title. An agency attached to a department for administrative purposes only may have its own organizational rule.

(b) Procedural rules include, but are not limited to, the following:

(i) procedures covered in the attorney general's model rules (rulemaking, contested cases, declaratory rulings) ;

(ii) guidelines for public participation; and

(iii) guidelines for the formulation of environmental impact statements.

(iv) Procedural rules appear in chapter 2 of each title and apply to all units of a department, except agencies attached for administrative purposes. An agency attached to a department for administrative purposes only may have its own procedural rules.

(c) Substantive rules are:

(i) rules that implement statutes and carry the force of law; or

(ii) rules that provide an interpretation of statutes and are advisory only. (See 2-4-102 , MCA.)

(3) The second category defines rules by duration: temporary, permanent, or emergency.

(a) Temporary rules are:

(i) proposed and adopted to implement a statute that is effective prior to October 1 of the year of enactment;

(ii) subject to the temporary rule provision of 2-4-303 , MCA;

(iii) effective immediately upon filing a notice of adoption with the secretary of state ( 2-4-306 , MCA) , or at a stated date following publication in the Register, and are effective until October 1 of the year of adoption; and

(iv) designated as temporary in the Register.

(b) Emergency rules address an imminent peril to the public health, safety, or welfare and are:

(i) subject to the emergency rule provisions of 2-4-303 , MCA;

(ii) effective immediately upon filing with the secretary of state, or at a stated date following publication in the Register;

(iii) to automatically expire 120 days after their effective date;

(iv) designated as an emergency rule in the Register; and

(v) able to be adopted with limited or no prior public notice.

(c) Permanent rules are rules that:

(i) are adopted under standard rulemaking procedures; and

(ii) remain in effect until repealed.

History: 2-4-201, 2-4-306, 2-4-311, 2-15-401, MCA; IMP, 2-4-303, 2-4-306, 2-4-311, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1229, Eff. 12/24/77; AMD, 1987 MAR p. 1114, Eff. 7/17/87; AMD, 2005 MAR p. 2699, Eff. 1/1/06.