Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT · Part 3. Adoption and Publication of Rules
Montana Code Annotated

Mont. Code Ann. § 2-4-301 (2026)

Authority To Adopt Not Conferred

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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 4
  4. Part 3
  5. 2-4-301 Authority to adopt not conferred

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT

Part 3. Adoption and Publication of Rules

Authority To Adopt Not Conferred

2-4-301. Authority to adopt not conferred. Except as provided in part 2, nothing in this chapter confers authority upon or augments the authority of any state agency to adopt, administer, or enforce any rule.

History: En. 82-4204.1 by Sec. 9, Ch. 285, L. 1977; R.C.M. 1947, 82-4204.1(part).

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1979–2022 · leading case: Glendive Med. Ctr., Inc. v. Montana Dep't of Pub. Health & Human Servs., 2002 MT 131, 49 P.3d 560.
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Glendive Med. Ctr., Inc. v. Montana Dep't of Pub. Health & Human Servs., 2002 MT 131, 49 P.3d 560. “That section provides in part: “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.”
Wangerin v. DOR, 2022 MT 236. · cites it 2× “See also § 2-4-301, MCA (MAPA confers no rule making or enforcement authority on agencies except for adoption of general organizational and procedural rules); Anaconda Co.”
Miller v. Pardons & Parole, 2020 MT 318. “1 See §§ 2-4-301 through 2-4-315, MCA. Miller also argued that the Board violated his right to due process and right to know by failing to provide him a copy of the guideline prior to his appearance and by failing to provide him a copy of his mental health evaluation contained…”
Haman v. State, 865 P.2d 274 (Mont. 1993). · cites it 4× “See 55 23-5-111 and -115(l), (2) and (3), MCA; § 2-4-301, MCA. Here, § 23-5-152(3)(b), MCA (1991), does not specifically authorize the in-state purchase of pull tabs.”
Bradco Supply Co. v. Larsen, 598 P.2d 596 (Mont. 1979). · cites it 3× “Section 2-4-301, MCA, provides that, “. .”
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