Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 15. EXECUTIVE BRANCH OFFICERS AND AGENCIES · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 2-15-104 (2026)

Structure Of Executive Branch

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 15
  4. Part 1
  5. 2-15-104 Structure of executive branch

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 15. EXECUTIVE BRANCH OFFICERS AND AGENCIES

Part 1. General Provisions

Structure Of Executive Branch

2-15-104. Structure of executive branch. (1) In accordance with the constitution, all executive and administrative offices, boards, commissions, agencies, and instrumentalities of the executive branch of state government and their respective functions are allocated by this chapter among and within the following departments or entities:

(a) department of administration;

(b) department of military affairs;

(c) department of revenue;

(d) state board of education;

(e) department of labor and industry;

(f) department of commerce;

(g) department of justice;

(h) department of public health and human services;

(i) department of corrections;

(j) department of transportation;

(k) department of public service regulation;

(l) department of agriculture;

(m) department of livestock;

(n) department of natural resources and conservation;

(o) department of fish, wildlife, and parks;

(p) department of environmental quality.

(2) For its internal structure, each department shall adhere to the following standard terms:

(a) The principal unit of a department is a division. Each division is headed by an administrator.

(b) The principal unit of a division is a bureau. Each bureau is headed by a chief.

(c) The principal unit of a bureau is a section. Each section is headed by a supervisor.

History: En. 82A-104 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 1, Ch. 250, L. 1973; amd. Sec. 4, Ch. 358, L. 1973; amd. Sec. 2, Ch. 51, L. 1974; amd. Sec. 49, Ch. 213, L. 1975; R.C.M. 1947, 82A-104; amd. Sec. 2, Ch. 218, L. 1979; amd. Sec. 1, Ch. 274, L. 1981; amd. Sec. 1, Ch. 609, L. 1987; amd. Sec. 2, Ch. 262, L. 1991; amd. Sec. 2, Ch. 512, L. 1991; amd. Sec. 3, Ch. 418, L. 1995; amd. Secs. 7, 568, Ch. 546, L. 1995.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1981–2023 · leading case: Great Falls Tribune Co., Inc. v. Day, 1998 MT 133 (Mont. 1998).
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Great Falls Tribune Co., Inc. v. Day, 1998 MT 133 (Mont. 1998). · cites it 4× “" ¶ 17 Pursuant to § 2-15-104, MCA, the Department is part of the executive branch of government.”
Trankel v. State, Dept. of Military Affairs, 938 P.2d 614 (Mont. 1997). · cites it 2× “” “Agency” is defined at § 2-15-102(2), MCA, to include any “department” or “instrumentality of the executive branch of state government,” and § 2-15-104(l)(b), MCA, lists the Department of Military Affairs as one of the constitutionally established departments or entities of…”
Holladay v. State of Mont., 506 F. Supp. 1317 (D. Mont. 1981). “Thus, this Court lacks diversity jurisdiction over both the State of Montana and the State Department of Institutions.”
Montana Pub. Emp.'s Ass'n v. Off. of the Governor, 898 P.2d 675 (Mont. 1995). “The District Court rejected Appellants’ argument, concluding that the Governor was not interfering with the Department of Administration’s delegated authority over the State pay plan, but, rather, was simply exercising his legitimate power over other executive agencies under §§…”
Miske v. DNRC, 2023 MT 241 (Mont. 2023). · cites it 2× “¶22 As a result of executive reorganization and the 1972 Constitution, 16 departments, including DNRC, are established under § 2-15-104(1)(n), MCA. Each has a “department 1 “[Anderson] proposed that the 100 state boards, bureaus, and commissions made it virtually impossible for…”
Olson v. Missoula Field Off. (D. Mont. 2023). “§§ 2-15-104(1), 2-15-3301. As a state agency, DNRC is not a “person” subject to suit under § 1983.”
United Pac. Ins. v. Montana ex rel. Dep't of Agric., 658 F. Supp. 335 (D. Mont. 1986). “See also § 2-15-104(l)(m), Mont.Code Ann. As such, it is an alter ego of the state of Montana.”
— Mont. Code Ann. § 2-15-104(1) — 2 cases
Holladay v. State of Mont., 506 F. Supp. 1317 (D. Mont. 1981). “Thus, this Court lacks diversity jurisdiction over both the State of Montana and the State Department of Institutions.”
Olson v. Missoula Field Off. (D. Mont. 2023). “§§ 2-15-104(1), 2-15-3301. As a state agency, DNRC is not a “person” subject to suit under § 1983.”
— Mont. Code Ann. § 2-15-104(1)(n) — 1 case
Miske v. DNRC, 2023 MT 241 (Mont. 2023). “¶22 As a result of executive reorganization and the 1972 Constitution, 16 departments, including DNRC, are established under § 2-15-104(1)(n), MCA. Each has a “department 1 “[Anderson] proposed that the 100 state boards, bureaus, and commissions made it virtually impossible for…”
— Mont. Code Ann. § 2-15-104(l)(b) — 1 case
Trankel v. State, Dept. of Military Affairs, 938 P.2d 614 (Mont. 1997). “” “Agency” is defined at § 2-15-102(2), MCA, to include any “department” or “instrumentality of the executive branch of state government,” and § 2-15-104(l)(b), MCA, lists the Department of Military Affairs as one of the constitutionally established departments or entities of…”
— Mont. Code Ann. § 2-15-104(l)(m) — 1 case
United Pac. Ins. v. Montana ex rel. Dep't of Agric., 658 F. Supp. 335 (D. Mont. 1986). “See also § 2-15-104(l)(m), Mont.Code Ann. As such, it is an alter ego of the state of Montana.”
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