Montana Code Annotated

Mont. Code Ann. § 2-3-102 (2026)

Definitions

✓ current as of May 2026

Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 3. PUBLIC PARTICIPATION IN GOVERNMENTAL OPERATIONS

Part 1. Notice and Opportunity to Be Heard

Definitions

2-3-102. Definitions. As used in this part, the following definitions apply:

(1) "Agency" means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, make a decision on development applications, or enter into contracts except:

(a) the legislature and any branch, committee, or officer thereof;

(b) the judicial branches and any committee or officer thereof;

(d) the state military establishment and agencies concerned with civil defense and recovery from hostile attack.

(2) "Agency action" means the whole or a part of the adoption of an agency rule, the issuance of a license or order, the award of a contract, the approval of a development application, or the equivalent or denial of any of these.

(3) "Development application" means a formal request submitted to a local government entity to obtain approval for a development proposal pursuant to Title 76, chapter 25, part 3 or 4.

(4) "Rule" means any agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule but does not include:

(a) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public; or

(b) declaratory rulings as to the applicability of any statutory provision or of any rule.

History: En. 82-4227 by Sec. 2, Ch. 491, L. 1975; amd. Sec. 23, Ch. 285, L. 1977; amd. Sec. 1, Ch. 452, L. 1977; R.C.M. 1947, 82-4227(part); amd. Sec. 1, Ch. 243, L. 1979; amd. Sec. 1, Ch. 555, L. 2025.

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1982–2024 · leading case: Jones v. Cnty. of Missoula, 2006 MT 2 (Mont. 2006).

Sort: Relevance Newest Treatment

Jones v. Cnty. of Missoula, 2006 MT 2 (Mont. 2006). · cites it 14× “¶ 40 Plaintiffs contend that § 2-3-103(2), MCA (2001), requires that Missoula County adopt guidelines in the form of rules *413 and publish them so that they could be provided to the public upon request. Since it has not done so, they argue the decision to provide dependent…”

Common Cause v. Statutory Comm. to Nominate Candidates for Comm'r of Political Practices, 868 P.2d 604 (Mont. 1994). · cites it 10× “Additionally, while the word agency is not defined in the open meeting statutes themselves, we determined in SJL that the definition of "agency" contained in § 2-3-102, MCA, applies to the term "agencies" used in § 2-3-203, MCA.”

Citizens for a Better Flathead v. Bd. of Cnty. Commissioners, 2016 MT 256 (Mont. 2016). · cites it 5× “¶41 Courts may void agency decisions reached in violation of these statutory provisions. Sections 2-3-114, -213, MCA.”

Willems v. SEC. of State Lind, 2014 MT 82 (Mont. 2014). · cites it 10× “Finally, we note that the Commission is not “authorized by law to make 13 rules, determine contested cases, or enter into contracts,” which is the role of an “agency” as defined in § 2-3-102(1), MCA. ¶30 Thus, we conclude that the Commission is not a “governmental agency” and is…”

Yanzick v. Sch. Dist. No. 23, Etc., 641 P.2d 431 (Mont. 1982). · cites it 6× “Section 2-4-102, MCA, defines "agency" by reference to section 2-3-102, MCA, which in pertinent part states: "(1) `Agency' means any board, .”

Allen v. Lakeside Neighborhood Plan. Comm., 2013 MT 237 (Mont. 2013). · cites it 5× “” In determining whether voiding the Plan, as permitted under §2-3-114 and -213, MCA, was the proper remedy for these violations, the court concluded that LNPC was not an “agency” (as defined in § 2-3-102, MCA) and therefore the “procedural irregularities” pertaining to LNPC’s…”

SJL of Montana Assocs. Ltd. P'ship v. City of Billings, 867 P.2d 1084 (Mont. 1993). · cites it 4× “" The City argues that neither Corey nor Haag is a board, bureau, commission, department, or authority.”

Nasi v. State Dep't of Highways, 753 P.2d 327 (Mont. 1988). · cites it 3× “Section 2-4-102(2)(a), MCA, defines agency as any agency defined in Section 2-3-102(1), MCA, which provides: “ ‘Agency’ means any board .”

Sonstelie v. Bd. of Trs. for Sch. Dist. No. 10, 658 P.2d 413 (Mont. 1983). · cites it 3× “The Board is an agency pursuant to the Montana Public Meeting Act and the Montana Open Meeting Act, section 2-3-102(1), MCA. The Public Meeting Act requires agencies to develop guidelines to permit and encourage public participation in agency decisions of public interest.”

In re the Transfer Territory from Poplar Elementary Sch. Dist. No. 9 to Froid Elementary Sch. Dist. No. 65, 2015 MT 278 (Mont. 2015). · cites it 5× “In turn, the Public Participation Act defines “agency” as “any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to malee rules, determine contested cases, or enter into contracts .”

In Re the Activities of the Dep't of Nat. Resources & Conservation, 740 P.2d 1096 (Mont. 1987). · cites it 3× “” The “agency” definition referred to in Section 2-3-102(2)(a), MCA, is the following: “2-3-102.”

Johnson v. City of Bozeman, 2024 MT 168 (Mont. 2024). · cites it 2× “Section 2-3-114(1), MCA, of the Chapter states: The district courts of the state have jurisdiction to set aside an agency decision under this part upon petition of any person whose rights have been prejudiced. A petition pursuant to this section must be filed within 30 days of…”

Show all 14 citing cases →

— Mont. Code Ann. § 2-3-102(1) — 6 cases

Jones v. Cnty. of Missoula, 2006 MT 2 (Mont. 2006). “¶ 40 Plaintiffs contend that § 2-3-103(2), MCA (2001), requires that Missoula County adopt guidelines in the form of rules *413 and publish them so that they could be provided to the public upon request. Since it has not done so, they argue the decision to provide dependent…”

Willems v. SEC. of State Lind, 2014 MT 82 (Mont. 2014). “Finally, we note that the Commission is not “authorized by law to make 13 rules, determine contested cases, or enter into contracts,” which is the role of an “agency” as defined in § 2-3-102(1), MCA. ¶30 Thus, we conclude that the Commission is not a “governmental agency” and is…”

Nasi v. State Dep't of Highways, 753 P.2d 327 (Mont. 1988). “Section 2-4-102(2)(a), MCA, defines agency as any agency defined in Section 2-3-102(1), MCA, which provides: “ ‘Agency’ means any board .”

Allen v. Lakeside Neighborhood Plan. Comm., 2013 MT 237 (Mont. 2013). “” In determining whether voiding the Plan, as permitted under §2-3-114 and -213, MCA, was the proper remedy for these violations, the court concluded that LNPC was not an “agency” (as defined in § 2-3-102, MCA) and therefore the “procedural irregularities” pertaining to LNPC’s…”

Sonstelie v. Bd. of Trs. for Sch. Dist. No. 10, 658 P.2d 413 (Mont. 1983). “The Board is an agency pursuant to the Montana Public Meeting Act and the Montana Open Meeting Act, section 2-3-102(1), MCA. The Public Meeting Act requires agencies to develop guidelines to permit and encourage public participation in agency decisions of public interest.”

— Mont. Code Ann. § 2-3-102(1)(a) — 1 case

— Mont. Code Ann. § 2-3-102(2)(a) — 1 case

In Re the Activities of the Dep't of Nat. Resources & Conservation, 740 P.2d 1096 (Mont. 1987). “” The “agency” definition referred to in Section 2-3-102(2)(a), MCA, is the following: “2-3-102.”

— Mont. Code Ann. § 2-3-102(l)(a) — 1 case

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.