Montana Code Annotated

Mont. Code Ann. § 2-15-102 (2026)

Definitions

✓ current as of May 2026

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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 15. EXECUTIVE BRANCH OFFICERS AND AGENCIES

Part 1. General Provisions

Definitions

2-15-102. Definitions. As used in this chapter, the following definitions apply:

(1) "Advisory capacity" means furnishing advice, gathering information, making recommendations, and performing other activities that may be necessary to comply with federal funding requirements and does not mean administering a program or function or setting policy.

(2) "Agency" means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government.

(3) "Data" means any information stored on information technology resources.

(4) "Department" means a principal functional and administrative entity that:

(a) is created by this chapter within the executive branch of state government;

(b) is one of the 20 principal departments permitted under the constitution; and

(5) "Department head" means a director, commission, board, commissioner, or constitutional officer in charge of a department created by this chapter.

(6) (a) "Director" means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer.

(b) The term does not include the state director of Indian affairs provided for in 2-15-217.

(7) "Executive branch" means the executive branch of state government referred to in Article III, section 1, and Article VI of the Montana constitution.

(8) "Function" means a duty, power, or program, exercised by or assigned to an agency, whether or not specifically provided for by law.

(9) "Information technology resources" means hardware, software, and associated services and infrastructure used to store or transmit information in any form, including voice, video, and electronic data.

(10) "Quasi-judicial function" means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies. The term includes but is not limited to the functions of:

(a) interpreting, applying, and enforcing existing rules and laws;

(b) granting or denying privileges, rights, or benefits;

(d) determining rights and interests of adverse parties;

(e) evaluating and passing on facts;

(f) awarding compensation;

(g) fixing prices;

(h) ordering action or abatement of action;

(i) adopting procedural rules;

(j) holding hearings; and

(k) any other act necessary to the performance of a quasi-judicial function.

(11) "Quasi-legislative function" generally means making or having the power to make rules or set rates and all other acts connected with or essential to the proper exercise of a quasi-legislative function.

(12) "Unit" means an internal subdivision of an agency, created by law or by administrative action, including a division, bureau, section, or department, and an agency allocated to a department for administrative purposes only by this chapter.

History: En. 82A-103 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 3, Ch. 358, L. 1973; R.C.M. 1947, 82A-103; amd. Sec. 1, Ch. 592, L. 1987; amd. Sec. 21, Ch. 313, L. 2001; amd. Sec. 1, Ch. 164, L. 2009.

Notes of Decisions

Cited in 27 cases (8 in the last 5 years), 1981–2026 · leading case: Nelson v. State of Montana, 2008 MT 336 (Mont. 2008).

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Nelson v. State of Montana, 2008 MT 336 (Mont. 2008). · cites it 39× “¶24 Section 2-15-102(10), MCA, provides in pertinent part as follows: “Quasi-judicial function” means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies. The term includes but is not…”

State Ex Rel. Div. of Workers' Comp. v. Dist. Court of the Thirteenth Jud. Dist., 805 P.2d 1272 (Mont. 1990). · cites it 24× “In Koppen we pointed to the discretion of the Board to weigh information, the fact that it could not revoke or suspend a license without giving notice and an opportunity for hearing, that such a hearing would be governed by the Montana Administrative Procedure Act and that the…”

Montana Trout Unlimited v. Beaverhead Water Co., 2011 MT 151 (Mont. 2011). · cites it 12× “" Section 2-15-102(10), MCA; see e.g. §§ 2-15-1704(5) (Board of Labor Appeals), -1706(3) (Human Rights Commission), -1819(5)(a) (Board of Research and Commercialization Technology), -2029(1)(a) (Public Safety Officer Standards and Training Council), -2502(8) (Transportation…”

Williamson v. Montana Pub. Serv. Comm'n & Nw. Energy, 2012 MT 32 (Mont. 2012). · cites it 6× “”Section 2-15-102(10), MCA. This may include holding hearings; evaluating and passing on facts; interpreting, applying, and enforcing existing rules and laws; granting or denying privileges, rights, or benefits; awarding compensation; and ordering action or abatement of action.”

Newville v. State, Dept. of Fam. Servs., 883 P.2d 793 (Mont. 1994). · cites it 5× “Section 2-15-102(9), MCA, of MARA defines “quasi-judicial function” as: *267 “Quasi-judicial function” means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies.”

Koppen v. Bd. of Med. Examiners, 759 P.2d 173 (Mont. 1988). · cites it 5× “The task performed by the Board thus comes within the statutory definition of "quasi-judicial function" found at § 2-15-102(10), MCA. The action or inaction by the Board under attack in this case is its decision not to strip Dr.”

Trout v. Bennett, 830 P.2d 81 (Mont. 1992). · cites it 8× “2d 173 , we looked at the definition of quasi-judicial function found in § 2-15-102(10), MCA: "Quasi-judicial function" means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies.”

City of Billings v. State Bd. of Labor Appeals, 663 P.2d 1167 (Mont. 1983). · cites it 6× “The functions of a quasi-judicial board are defined in section 2-15-102(9), MCA, and they include: "`Quasi-judicial function' means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies.”

Eklund v. Trost, 2006 MT 333 (Mont. 2006). · cites it 3× “” Section 2-15-102(9), MCA (1999). Our cases have further defined quasi-judicial function by noting the difference between quasi-judicial and ministerial or administrative functions for which immunity is not provided.”

State Bar of Montana v. Krivec, 632 P.2d 707 (Mont. 1981). · cites it 6× “Section 2-15-102(10), MCA. Originally, the Public Service Commission was considered to be an arm of the legislature in the performance of its functions.”

Bean v. State Bd. of Labor Appeals, 891 P.2d 516 (Mont. 1995). · cites it 12× “Section 2-15-102(9), MCA. In this case, the referee relied on the testimony of Village Health's witnesses for its findings regarding the reason for Bean's termination; some of this testimony was the very evidence Bean argued was inadmissible hearsay.”

Barr v. Great Falls Int'l Airport Auth., 2005 MT 36 (Mont. 2005). · cites it 2× “The Department of Justice, as an entity within the executive branch of government in the State of Montana, see § 2-15-102(4), MCA, and § 2-15-2001, MCA, is a governmental entity which is considered an “arm of the state" and not a “person” for § 1983 and § 1985 purposes.”

Show all 27 citing cases →

— Mont. Code Ann. § 2-15-102(1) — 1 case

Choteau Acantha v. Gianforte, 2025 MT 76 (Mont. 2025).

— Mont. Code Ann. § 2-15-102(10) — 13 cases

Nelson v. State of Montana, 2008 MT 336 (Mont. 2008). “¶24 Section 2-15-102(10), MCA, provides in pertinent part as follows: “Quasi-judicial function” means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies. The term includes but is not…”

State Ex Rel. Div. of Workers' Comp. v. Dist. Court of the Thirteenth Jud. Dist., 805 P.2d 1272 (Mont. 1990). “In Koppen we pointed to the discretion of the Board to weigh information, the fact that it could not revoke or suspend a license without giving notice and an opportunity for hearing, that such a hearing would be governed by the Montana Administrative Procedure Act and that the…”

Montana Trout Unlimited v. Beaverhead Water Co., 2011 MT 151 (Mont. 2011). “" Section 2-15-102(10), MCA; see e.g. §§ 2-15-1704(5) (Board of Labor Appeals), -1706(3) (Human Rights Commission), -1819(5)(a) (Board of Research and Commercialization Technology), -2029(1)(a) (Public Safety Officer Standards and Training Council), -2502(8) (Transportation…”

Williamson v. Montana Pub. Serv. Comm'n & Nw. Energy, 2012 MT 32 (Mont. 2012). “”Section 2-15-102(10), MCA. This may include holding hearings; evaluating and passing on facts; interpreting, applying, and enforcing existing rules and laws; granting or denying privileges, rights, or benefits; awarding compensation; and ordering action or abatement of action.”

Koppen v. Bd. of Med. Examiners, 759 P.2d 173 (Mont. 1988). “The task performed by the Board thus comes within the statutory definition of "quasi-judicial function" found at § 2-15-102(10), MCA. The action or inaction by the Board under attack in this case is its decision not to strip Dr.”

— Mont. Code Ann. § 2-15-102(10)(c) — 1 case

— Mont. Code Ann. § 2-15-102(2) — 1 case

Trankel v. State, Dept. of Military Affairs, 938 P.2d 614 (Mont. 1997).

— Mont. Code Ann. § 2-15-102(4) — 2 cases

Barr v. Great Falls Int'l Airport Auth., 2005 MT 36 (Mont. 2005). “The Department of Justice, as an entity within the executive branch of government in the State of Montana, see § 2-15-102(4), MCA, and § 2-15-2001, MCA, is a governmental entity which is considered an “arm of the state" and not a “person” for § 1983 and § 1985 purposes.”

Orozco v. Day, 934 P.2d 1009 (Mont. 1997).

— Mont. Code Ann. § 2-15-102(9) — 9 cases

Newville v. State, Dept. of Fam. Servs., 883 P.2d 793 (Mont. 1994). “Section 2-15-102(9), MCA, of MARA defines “quasi-judicial function” as: *267 “Quasi-judicial function” means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies.”

City of Billings v. State Bd. of Labor Appeals, 663 P.2d 1167 (Mont. 1983). “The functions of a quasi-judicial board are defined in section 2-15-102(9), MCA, and they include: "`Quasi-judicial function' means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies.”

Eklund v. Trost, 2006 MT 333 (Mont. 2006). “” Section 2-15-102(9), MCA (1999). Our cases have further defined quasi-judicial function by noting the difference between quasi-judicial and ministerial or administrative functions for which immunity is not provided.”

Bean v. State Bd. of Labor Appeals, 891 P.2d 516 (Mont. 1995). “Section 2-15-102(9), MCA. In this case, the referee relied on the testimony of Village Health's witnesses for its findings regarding the reason for Bean's termination; some of this testimony was the very evidence Bean argued was inadmissible hearsay.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.