Montana Code Annotated

Mont. Code Ann. § 2-4-102 (2026)

Definitions

✓ current as of May 2026

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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT

Part 1. General Provisions

Definitions

2-4-102. Definitions. For purposes of this chapter, the following definitions apply:

(1) "Administrative rule review committee" or "committee" means the appropriate committee assigned subject matter jurisdiction in Title 5, chapter 5, part 2.

(2) (a) "Agency" means an agency, as defined in 2-3-102, of state government, except that the provisions of this chapter do not apply to the following:

(i) the state board of pardons and parole, which is exempt from the contested case and judicial review of contested cases provisions contained in this chapter. However, the board is subject to the remainder of the provisions of this chapter.

(ii) the supervision and administration of a penal institution with regard to the institutional supervision, custody, control, care, or treatment of youth or prisoners;

(iii) the board of regents and the Montana university system;

(iv) the financing, construction, and maintenance of public works;

(v) the public service commission when conducting arbitration proceedings pursuant to 47 U.S.C. 252 and 69-3-837.

(b) The term does not include a school district, a unit of local government, or any other political subdivision of the state.

(3) "ARM" means the Administrative Rules of Montana.

(4) "Contested case" means a proceeding before an agency in which a determination of legal rights, duties, or privileges of a party is required by law to be made after an opportunity for hearing. The term includes but is not restricted to ratemaking, price fixing, and licensing.

(5) (a) "Interested person" means a person who has expressed to the agency an interest concerning agency actions under this chapter and has requested to be placed on the agency's list of interested persons as to matters of which the person desires to be given notice.

(b) The term does not extend to contested cases.

(6) "License" includes the whole or part of an agency permit, certificate, approval, registration, charter, or other form of permission required by law but does not include a license required solely for revenue purposes.

(7) "Licensing" includes an agency process respecting the grant, denial, renewal, revocation, suspension, annulment, withdrawal, limitation, transfer, or amendment of a license.

(8) "Party" means a person named or admitted as a party or properly seeking and entitled as of right to be admitted as a party, but this chapter may not be construed to prevent an agency from admitting any person as a party for limited purposes.

(9) "Person" means an individual, partnership, corporation, association, governmental subdivision, agency, or public organization of any character.

(10) "Register" means the Montana Administrative Register.

(11) (a) "Rule" means each 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 an agency. The term includes the amendment or repeal of a prior rule.

(b) The term does not include:

(i) statements concerning only the internal management of an agency or state government and not affecting private rights or procedures available to the public, including rules implementing the state personnel classification plan, the state wage and salary plan, or the statewide accounting, budgeting, and human resource system;

(ii) formal opinions of the attorney general and declaratory rulings issued pursuant to 2-4-501;

(iii) rules relating to the use of public works, facilities, streets, and highways when the substance of the rules is indicated to the public by means of signs or signals;

(iv) seasonal rules adopted annually or biennially relating to hunting, fishing, and trapping when there is a statutory requirement for the publication of the rules and rules adopted annually or biennially relating to the seasonal recreational use of lands and waters owned or controlled by the state when the substance of the rules is indicated to the public by means of signs or signals;

(v) uniform rules adopted pursuant to interstate compact, except that the rules must be filed in accordance with 2-4-306 and must be published in the ARM;

(vi) game parameters approved by the state lottery and sports wagering commission relating to a specific lottery game. This subsection (11)(b)(vi) does not exempt generally applicable policies governing the state lottery that are otherwise subject to the Montana Administrative Procedure Act.

(vii) policies relating to sports wagering sales agents' commissions prescribed by the state lottery and sports wagering commission; or

(viii) annual plan documents governed by and published as provided in Title 2, chapter 12, part 1.

(12) (a) "Significant interest to the public" means agency actions under this chapter regarding matters that the agency knows to be of widespread citizen interest. These matters include issues involving a substantial fiscal impact to or controversy involving a particular class or group of individuals.

(b) The term does not extend to contested cases.

(13) "Small business" means a business entity, including its affiliates, that is independently owned and operated and that employs fewer than 50 full-time employees.

(14) "Substantive rules" are either:

(a) legislative rules, which if adopted in accordance with this chapter and under expressly delegated authority to promulgate rules to implement a statute have the force of law and when not so adopted are invalid; or

(b) adjective or interpretive rules, which may be adopted in accordance with this chapter and under express or implied authority to codify an interpretation of a statute. The interpretation lacks the force of law.

(15) "Supplemental notice" means a notice that amends the proposed rules or changes the timeline for public participation.

History: (1), (3), (9)En. by Code Commissioner, 1979; (2), (4) thru (8), (10), (11)En. Sec. 2, Ch. 2, Ex. L. 1971; amd. Sec. 2, Ch. 285, L. 1977; Sec. 82-4202, R.C.M. 1947; R.C.M. 1947, 82-4202; amd. Sec. 4, Ch. 184, L. 1979; amd. Sec. 2, Ch. 243, L. 1979; amd. Sec. 1, Ch. 671, L. 1985; amd. Sec. 1, Ch. 340, L. 1991; amd. Sec. 6, Ch. 546, L. 1995; amd. Sec. 28, Ch. 349, L. 1997; amd. Sec. 1, Ch. 489, L. 1997; amd. Sec. 1, Ch. 19, L. 1999; amd. Sec. 1, Ch. 181, L. 2003; amd. Sec. 1, Ch. 2, L. 2009; amd. Sec. 2, Ch. 318, L. 2013; amd. Sec. 1, Ch. 64, L. 2015; amd. Sec. 1, Ch. 100, L. 2019; amd. Sec. 1, Ch. 144, L. 2019; amd. Sec. 1, Ch. 15, L. 2023; amd. Sec. 7, Ch. 760, L. 2023.

Notes of Decisions

Cited in 59 cases (8 in the last 5 years), 1979–2024 · leading case: Yanzick v. Sch. Dist. No. 23, Etc., 641 P.2d 431 (Mont. 1982).

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Yanzick v. Sch. Dist. No. 23, Etc., 641 P.2d 431 (Mont. 1982). · cites it 12× “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, .”

Clark Fork Coalition v. Montana Dep't of Env't Quality, 2008 MT 407 (Mont. 2008). · cites it 6× “Section 2-4-102(4), MCA. The decision to issue the MPDES permit in this instance does not fall within the category of contested cases.”

North 93 Neighbors, Inc. v. Bd. of Cnty. Commissioners, 2006 MT 132 (Mont. 2006). · cites it 4× “Section 2-4-102(b) of MAPA admittedly excludes units of local government, such as the Board, from the requirements of MAPA, nevertheless Neighbors's analogy proves apt to a degree.”

North Fork Pres. Ass'n v. Dep't of State Lands, 778 P.2d 862 (Mont. 1989). · cites it 4× “Cenex specifically argues that § 2-4-704, MCA, was inapplicable, *866 because the section deals with judicial review of "contested cases", and this was not a contested case.”

Fenwick v. State, Dep't of Military Affairs, Disaster & Emergency Servs. Div., 2016 MT 80 (Mont. 2016). · cites it 8× “” Section 2-4-102(11)(a), MCA. Excluded from MAPA’s definition of “rule” are “statements concerning only the internal management of an agency or state government and not affecting private rights or procedures available to the public .”

Johansen v. State, Dept. of Nat. Resources, 1998 MT 51 (Mont. 1998). · cites it 3× “Section 2-4-102(4), MCA. The lease of agriculture land does not constitute ratemaking or price fixing, and Johansen does not contend that the lease constitutes a “license.”

Core-Mark Int'l Inc. v. Montana Bd. of Livestock, 2014 MT 197 (Mont. 2014). · cites it 6× “” Section 2-4-102(4), MCA (emphasis added).”

State v. Vainio, 2001 MT 220 (Mont. 2001). · cites it 5× “We held in that case that because the DOR decision qualified as a rule under § 2-4-102, MCA, it, therefore, was subject to the notice and comment requirements of MAPA and, because the rule had been adopted without any such notice and comment, it was invalid.”

Glendive Med. Ctr., Inc. v. Montana Dep't of Pub. Health & Human Servs., 2002 MT 131 (Mont. 2002). · cites it 4× “304(2)(a), ARM, provides notice, or a “statement of general applicability,” pursuant to § 2-4-102, MCA, which sufficiently identifies those considered third parties.”

Grand River Dam Auth. v. State, 645 P.2d 1011 (Okla. 1982). · cites it 2× “1977 § 9-4-101(a)(vii). 14 . Conn.Gen.Stat.Ann. § 4-166(1) (excludes attorney general from definition of “agency”); Fla.”

Nye v. Dep't of Livestock, 639 P.2d 498 (Mont. 1982). · cites it 3× “As defined at section 2-4-102(4), MCA, ‘“[cjontested case’ means any proceeding before an agency in which a determination of legal rights, duties, or privileges of a party is required by law to be made after an opportunity for hearing.”

Nw. Airlines, Inc. v. State Tax Appeal Bd., 720 P.2d 676 (Mont. 1986). · cites it 6× “Section 2-4-102(10), MCA. A rule to be valid must be adopted after notice and hearing in conformity with § 2-4-302, MCA.”

Show all 59 citing cases →

— Mont. Code Ann. § 2-4-102(10) — 5 cases

Nw. Airlines, Inc. v. State Tax Appeal Bd., 720 P.2d 676 (Mont. 1986). “Section 2-4-102(10), MCA. A rule to be valid must be adopted after notice and hearing in conformity with § 2-4-302, MCA.”

Grand River Dam Auth. v. State, 645 P.2d 1011 (Okla. 1982). “1977 § 9-4-101(a)(vii). 14 . Conn.Gen.Stat.Ann. § 4-166(1) (excludes attorney general from definition of “agency”); Fla.”

Am. Tel. & Tel. Co. v. State Tax Appeal Bd., 787 P.2d 754 (Mont. 1990).

Roeber v. State, Dep't of Institutions, 795 P.2d 424 (Mont. 1990).

In Re the Activities of the Dep't of Nat. Resources & Conservation, 740 P.2d 1096 (Mont. 1987).

— Mont. Code Ann. § 2-4-102(11) — 3 cases

State v. Vainio, 2001 MT 220 (Mont. 2001). “We held in that case that because the DOR decision qualified as a rule under § 2-4-102, MCA, it, therefore, was subject to the notice and comment requirements of MAPA and, because the rule had been adopted without any such notice and comment, it was invalid.”

Glendive Med. Ctr., Inc. v. Montana Dep't of Pub. Health & Human Servs., 2002 MT 131 (Mont. 2002). “304(2)(a), ARM, provides notice, or a “statement of general applicability,” pursuant to § 2-4-102, MCA, which sufficiently identifies those considered third parties.”

Wangerin v. DOR, 2022 MT 236 (Mont. 2022).

— Mont. Code Ann. § 2-4-102(11)(a) — 3 cases

Fenwick v. State, Dep't of Military Affairs, Disaster & Emergency Servs. Div., 2016 MT 80 (Mont. 2016). “” Section 2-4-102(11)(a), MCA. Excluded from MAPA’s definition of “rule” are “statements concerning only the internal management of an agency or state government and not affecting private rights or procedures available to the public .”

Mcgree Corp. v. Mont. Pub. Serv. Comm'n, 438 P.3d 326 (Mont. 2019).

S. Montana Tel. Co. v. Montana Pub. Serv. Comm'n, 2017 MT 123 (Mont. 2017).

— Mont. Code Ann. § 2-4-102(11)(b)(i) — 1 case

— Mont. Code Ann. § 2-4-102(11)(b)(iv) — 2 cases

State v. Crites, 2009 MT 324 (Mont. 2009).

Gardipee v. State of Montana (D. Mont. 2021).

— Mont. Code Ann. § 2-4-102(13)(b) — 1 case

Kirchner v. State, Dep't of Pub. Health & Human Servs., 2005 MT 202 (Mont. 2005).

— Mont. Code Ann. § 2-4-102(14) — 2 cases

S. Montana Tel. Co. v. Montana Pub. Serv. Comm'n, 2017 MT 123 (Mont. 2017).

Wangerin v. DOR, 2022 MT 236 (Mont. 2022).

— Mont. Code Ann. § 2-4-102(14)(a) — 1 case

S. Montana Tel. Co. v. Montana Pub. Serv. Comm'n, 2017 MT 123 (Mont. 2017).

— Mont. Code Ann. § 2-4-102(14)(b) — 1 case

S. Montana Tel. Co. v. Montana Pub. Serv. Comm'n, 2017 MT 123 (Mont. 2017).

— Mont. Code Ann. § 2-4-102(2) — 7 cases

Mayer v. Bd. of Psychologists, Dep't of Labor & Indus., 2014 MT 85 (Mont. 2014).

In re the Transfer Territory from Poplar Elementary Sch. Dist. No. 9 to Froid Elementary Sch. Dist. No. 65, 2015 MT 278 (Mont. 2015).

North Star v. PSC, 2022 MT 103 (Mont. 2022).

Wangerin v. DOR, 2022 MT 236 (Mont. 2022).

Poplar Elem. v. Froid Elem., 2015 MT 278 (Mont. 2015).

— Mont. Code Ann. § 2-4-102(2)(a) — 5 cases

Nasi v. State Dep't of Highways, 753 P.2d 327 (Mont. 1988).

In re the Transfer Territory from Poplar Elementary Sch. Dist. No. 9 to Froid Elementary Sch. Dist. No. 65, 2015 MT 278 (Mont. 2015).

Great Falls v. Assoc. of Firefighters, 2024 MT 302 (Mont. 2024).

Poplar Elem. v. Froid Elem., 2015 MT 278 (Mont. 2015).

— Mont. Code Ann. § 2-4-102(2)(b) — 9 cases

Sourdough Prot. Ass'n v. Bd. of Cnty. Commissioners, 833 P.2d 207 (Mont. 1992).

City of Kalispell v. Flathead Cnty., 859 P.2d 458 (Mont. 1993).

In re the Transfer Territory from Poplar Elementary Sch. Dist. No. 9 to Froid Elementary Sch. Dist. No. 65, 2015 MT 278 (Mont. 2015).

Bitterroot River Prot. Ass'n v. Bitterroot Conservation Dist., 2008 MT 377 (Mont. 2008).

Bitterroot River Prot. Ass'n Inc. v. Bitterroot Cons. Dist., 2008 MT 377 (Mont. 2008).

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

Donnes v. State ex rel. Superintendent of Pub. Instruction, 672 P.2d 617 (Mont. 1983).

Donnes v. State Ex Rel. Super. of Pub. Instr., 672 P.2d 617 (Mont. 1983).

— Mont. Code Ann. § 2-4-102(4) — 22 cases

Clark Fork Coalition v. Montana Dep't of Env't Quality, 2008 MT 407 (Mont. 2008). “Section 2-4-102(4), MCA. The decision to issue the MPDES permit in this instance does not fall within the category of contested cases.”

North Fork Pres. Ass'n v. Dep't of State Lands, 778 P.2d 862 (Mont. 1989). “Cenex specifically argues that § 2-4-704, MCA, was inapplicable, *866 because the section deals with judicial review of "contested cases", and this was not a contested case.”

Johansen v. State, Dept. of Nat. Resources, 1998 MT 51 (Mont. 1998). “Section 2-4-102(4), MCA. The lease of agriculture land does not constitute ratemaking or price fixing, and Johansen does not contend that the lease constitutes a “license.”

Core-Mark Int'l Inc. v. Montana Bd. of Livestock, 2014 MT 197 (Mont. 2014). “” Section 2-4-102(4), MCA (emphasis added).”

Nye v. Dep't of Livestock, 639 P.2d 498 (Mont. 1982). “As defined at section 2-4-102(4), MCA, ‘“[cjontested case’ means any proceeding before an agency in which a determination of legal rights, duties, or privileges of a party is required by law to be made after an opportunity for hearing.”

— Mont. Code Ann. § 2-4-102(5)(a) — 1 case

Wangerin v. DOR, 2022 MT 236 (Mont. 2022).

— Mont. Code Ann. § 2-4-102(8) — 3 cases

Barrett v. State, 2024 MT 86 (Mont. 2024).

Missoula City-Cnty. Air Pollution Control Bd. v. Bd. of Env't Review, 937 P.2d 463 (Mont. 1997).

Rosebud Cnty. v. Dep't of Revenue, 849 P.2d 177 (Mont. 1993).

— Mont. Code Ann. § 2-4-102(b) — 1 case

North 93 Neighbors, Inc. v. Bd. of Cnty. Commissioners, 2006 MT 132 (Mont. 2006). “Section 2-4-102(b) of MAPA admittedly excludes units of local government, such as the Board, from the requirements of MAPA, nevertheless Neighbors's analogy proves apt to a degree.”

— Mont. Code Ann. § 2-4-102(ll)(a) — 1 case

Lohmeier v. State, Montana Dep't of Nat. Resources & Conservation, 2008 MT 307 (Mont. 2008).

— Mont. Code Ann. § 2-4-102(ll)(b)(i) — 1 case

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