Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 2-4-101 (2026)

Short Title -- Purpose -- Exception

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 4
  4. Part 1
  5. 2-4-101 Short title -- purpose -- exception

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT

Part 1. General Provisions

Short Title -- Purpose -- Exception

2-4-101. Short title -- purpose -- exception. (1) This chapter is known and may be cited as the "Montana Administrative Procedure Act".

(2) The purposes of the Montana Administrative Procedure Act are to:

(a) generally give notice to the public of governmental action and to provide for public participation in that action;

(b) establish general uniformity and due process safeguards in agency rulemaking, legislative review of rules, and contested case proceedings;

(c) establish standards for judicial review of agency rules and final agency decisions; and

(d) provide the executive and judicial branches of government with statutory directives.

(3) Effective July 1, 2016, this chapter does not apply to the operations of the state compensation insurance fund provided for in Title 39, chapter 71, part 23. Administrative rules adopted by the state fund board of directors prior to July 1, 2016, apply to new and renewal policies issued by the state fund that are effective prior to July 1, 2016. The state fund is subject to rules adopted by any agency that by law apply to the state fund.

History: En. Sec. 1, Ch. 2, Ex. L. 1971; amd. Sec. 1, Ch. 285, L. 1977; R.C.M. 1947, 82-4201; amd. Sec. 1, Ch. 152, L. 2009; amd. Sec. 2, Ch. 320, L. 2015.

Notes of Decisions
Cited in 35 cases (3 in the last 5 years), 1979–2024 · leading case: N. Plains Resource Council v. Bd. of Nat. Resources & Conservation, 594 P.2d 297 (Mont. 1979).
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N. Plains Resource Council v. Bd. of Nat. Resources & Conservation, 594 P.2d 297 (Mont. 1979). · cites it 8× “1947, now section 2-4-101 et seq. MCA (hereinafter "MAPA").”
Pinnow v. Montana State Fund, 2007 MT 332 (Mont. 2007). · cites it 4× “¶21 Section 2-4-201, MCA—a provision of the Montana Administrative Procedure Act, §§ 2-4-101 to -711, MCA—merely states: In addition to other rulemaking requirements imposed by law, each agency shall: (1) adopt as a rule a description of its organization, stating the general…”
Goldstein v. Comm'n on Practice of the Supreme Court, 2000 MT 8 (Mont. 2000). · cites it 4× “Montana's Administrative Procedure Act, §§ 2-4-101 through 711, MCA, and the statutes governing professional licensing, §§ 37-1-101 through 413, MCA, provide due process "walls of division" in the investigative, prosecutorial and adjudicative phases of the discipline process for…”
Benefis Healthcare v. GREAT FALLS CLINIC, LLP., 2006 MT 254 (Mont. 2006). · cites it 2× “In fact, DPHHS possessed no hospital license application form that could be used by the Clinic.”
Newville v. State, Dept. of Fam. Servs., 883 P.2d 793 (Mont. 1994). · cites it 2× “However, the Board of Medical Examiners was subject to the notice and hearing requirements of the Montana Administrative Procedure Act (MAPA), § 2-4-101, MCA, et seq., and its decisions were subject to judicial review — key aspects of our ruling that the Board of Medical…”
Thompson v. State, 2007 MT 185 (Mont. 2007). · cites it 2× “¶ 22 Second, the State asserts that the only source of authority within the Montana Administrative Procedure Act ("MAPA"; §§ 2-4-101 to -711, MCA) by which the WCC *873 could issue declaratory judgments is § 2-4-501, MCA, which provides that "[e]ach agency shall provide by rule…”
Nelson v. State of Montana, 2008 MT 336 (Mont. 2008). · cites it 2× “” Thus, we have required that an administrative entity’s discretionary decision-making be within the context of adjudicating a controversy or adversarial-type proceeding, such as a contested case proceeding under the provisions of the Montana Administrative Procedure Act (MAPA)…”
Baitis v. Dep't of Revenue of State, 2004 MT 17 (Mont. 2004). · cites it 2× “Whether the Department of Revenue has an obligation under § 2-4-101 et seq., MCA, to formally adopt a rule systematizing its longstanding, informal policy which disallows the federal self-employment tax as a deduction under § 15-30-121(1)(b), MCA.”
Carruthers v. Bd. of Horse Racing, 700 P.2d 179 (Mont. 1985). · cites it 3× “On February 29, 1984, appellants requested judicial review of the Board’s decision pursuant to Montana’s Administrative Procedure Act, section 2-4-101, MCA, et. seq. (MAPA). Appellants contended that their horse should be restored to second place because the *186 Board’s…”
Hilands Golf Club v. Ashmore, 922 P.2d 469 (Mont. 1996). “” The court determined *329 that, under Fife , the procedures to gain jurisdiction as prescribed by the Montana Administrative Procedure Act (MAPA), §§ 2-4-101 through 711, MCA, and Montana’s Rules of Civil Procedure, comprise a jurisdictional threshold which must be met in…”
Trs., Missoula Cnty. Sch. Dist. No. 1 v. Anderson, 757 P.2d 1315 (Mont. 1988). · cites it 2× “Pursuant to Montana Administrative Procedure Act (MAPA), §§ 2-4-101 to -711, MCA, the Missoula County Superintendent of Schools held a hearing and concluded that the Board of Trustees did not meet their burden of proof that Anderson was incompetent to teach in the Missoula…”
Weber v. Pub. Employees' Ret. Bd., 890 P.2d 1296 (Mont. 1995). · cites it 2× “Weber requested administrative review of this denial pursuant to the Montana Administrative Procedure Act, §§ 2-4-101 through 2-4-711, MCA. A contested case hearing was held on August 28, 1992, and on February 4, 1993, the hearing examiner recommended that Weber's application…”
Show all 35 citing cases →
— Mont. Code Ann. § 2-4-101(2)(b) — 2 cases
North Star v. PSC, 2022 MT 103 (Mont. 2022).
Great Falls v. Assoc. of Firefighters, 2024 MT 302 (Mont. 2024).
— Mont. Code Ann. § 2-4-101(2)(c) — 1 case
Great Falls v. Assoc. of Firefighters, 2024 MT 302 (Mont. 2024).
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