Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT · Part 2. Organizational and Procedural Rules
Montana Code Annotated

Mont. Code Ann. § 2-4-202 (2026)

Model Rules

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 4
  4. Part 2
  5. 2-4-202 Model rules

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT

Part 2. Organizational and Procedural Rules

Model Rules

2-4-202. Model rules. (1) The secretary of state shall prepare a model form for a rule describing the organization of agencies and model rules of practice for agencies to use as a guide for the rulemaking process and in fulfilling the requirements of 2-4-201. The attorney general shall prepare model rules of practice for agencies to use as a guide for contested case hearings and declaratory rulings. The secretary of state and attorney general shall add to, amend, or revise the model rules from time to time as necessary for the proper guidance of agencies.

(2) The model rules and additions, amendments, or revisions to the model rules must be appropriate for the use of as many agencies as is practicable and must be filed with the secretary of state and provided to any agency upon request. The adoption by an agency of all or part of the model rules does not relieve the agency from following the rulemaking procedures required by this chapter.

History: En. Sec. 3, Ch. 2, Ex. L. 1971; amd. Sec. 1, Ch. 240, L. 1974; amd. Sec. 3, Ch. 285, L. 1977; R.C.M. 1947, 82-4203(3); amd. Sec. 41, Ch. 61, L. 2007; amd. Sec. 1, Ch. 88, L. 2007.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: Wangerin v. DOR, 2022 MT 236 (Mont. 2022).
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Wangerin v. DOR, 2022 MT 236 (Mont. 2022). · cites it 2× “101 (1979) (implementing § 2-4-315 procedural requirement for MDOR rules petitions in accordance with § 2-4-202, MCA). 11 ¶14 The preliminary agency decision under § 2-4-315 must state “the reasons for the decision” and, as applicable to the nature of the proposed rule at issue…”
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