1.3.301    INTRODUCTION AND DEFINITIONS

(1) Montana statutes are referred to collectively as the Montana Code Annotated (MCA).

(2) The Montana Administrative Procedure Act is referred to as "MAPA" and includes 2-4-101 through 2-4-711, MCA. MAPA states procedures that agencies must follow when:

(a) adopting, amending, or repealing agency rules;

(b) hearing contested cases; or

(c) issuing declaratory rulings.

(3) Each agency subject to MAPA must adopt rules describing its organization and procedures, per 2-4-201, MCA. Section 2-4-202, MCA, directs the Secretary of State to prepare a model form for a rule describing the organization of agencies and model rules of practice for agency guidance in fulfilling these requirements. The model rules have been adopted for that purpose. Agencies may adopt the model rules by incorporating them by reference. Subsequent amendments may be adopted only by following the rulemaking procedure of MAPA. See 2-4-307, MCA.

(4) "Register" refers to the Montana Administrative Register.

(5) "Template" refers to the Secretary of State's online forms depicting standard boilerplate language and layout for rulemaking petitions and notices published in the register. The forms are available at https://sosmt.gov/arm/templates. The templates illustrate the Secretary of State's model rules in this subchapter.

(a) The template number corresponds to the model rule number; for example, template 309b is connected to ARM 1.3.309.

(b) Hard copies of templates may be obtained from the Secretary of State's Office, Administrative Rules Services, P.O. Box 202801, Helena MT 59620-2801, telephone (406) 444-2055.

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History: 2-4-202, MCA; IMP, 2-4-201, 2-4-202, MCA; NEW, 2008 MAR p. 1593, Eff. 8/1/08.