1.2.404    ADMINISTRATIVE ORDER

(1) When the notice of proposed action results in the adoption, amendment, transfer, or repeal of a rule, the action must be certified and transmitted to the Secretary of State for filing and publication. An administrative order must be filed with each adoption notice. This certifies and confirms the agency's action. Replacement pages do not need an administrative order.

(2) The administrative order must be signed by the head of the department where the department has an elected official or an executive appointment by the Governor, or by the chairperson of the board where the department is headed by a multi-member board. In the case of rules submitted by an agency assigned to a department for administrative purposes only, then such rules will be signed by the head of that agency or chairperson of the governing board.

(3) Emergency or temporary and permanent rules may not be intermingled on the same order.

History: 2-4-306, 2-15-401, MCA; IMP, 2-4-303, 2-4-306, MCA; NEW, 1977 MAR p. 1233, Eff. 12/24/77; AMD, 1987 MAR p. 1114, Eff. 7/17/87; AMD, 2005 MAR p. 2699, Eff. 1/1/06.