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. § 2-4-315 (2026)

Petition For Adoption, Amendment, Or Repeal Of Rules

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 4
  4. Part 3
  5. 2-4-315 Petition for adoption, amendment, or repeal of rules

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT

Part 3. Adoption and Publication of Rules

Petition For Adoption, Amendment, Or Repeal Of Rules

2-4-315. Petition for adoption, amendment, or repeal of rules. An interested person or, when the legislature is not in session, a member of the legislature on behalf of an interested person may petition an agency requesting the promulgation, amendment, or repeal of a rule. Each agency shall determine and prescribe by rule the form for petitions and the procedure for their submission, consideration, and disposition. Within 60 days after submission of a petition, the agency either shall deny the petition in writing or shall initiate rulemaking proceedings in accordance with 2-4-302 through 2-4-305. A decision to deny a petition or to initiate rulemaking proceedings must be in writing and based on record evidence. The written decision must include the reasons for the decision. Record evidence must include any evidence submitted by the petitioner on behalf of the petition and by the agency and interested persons in response to the petition. An agency may, but is not required to, conduct a hearing or oral presentation on the petition in order to develop a record and record evidence and to allow the petitioner and interested persons to present their views.

History: En. Sec. 7, Ch. 2, Ex. L. 1971; amd. Sec. 2, Ch. 236, L. 1974; amd. Sec. 12, Ch. 285, L. 1977; R.C.M. 1947, 82-4207; amd. Sec. 1, Ch. 110, L. 1997.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 1996–2025 · leading case: Common Cause of Montana v. Argenbright, 917 P.2d 425 (Mont. 1996).
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Common Cause of Montana v. Argenbright, 917 P.2d 425 (Mont. 1996). · cites it 136× “Pursuant to § 2-4-315, MCA, Common Cause filed a petition for rulemaking with the Commissioner of Political Practices (Commissioner) requesting the Commissioner to institute a rulemaking proceeding to clarify the definition of lobbying set forth in the Montana Lobbying Act, §…”
Wangerin v. DOR, 2022 MT 236 (Mont. 2022). · cites it 48× “¶5 With his clients’ disputes of the 2021 MDOR audit adjustment notices still pending internal MDOR review under § 15-1-211, MCA, Wangerin separately petitioned MDOR by email pursuant to § 2-4-315, MCA (MAPA provision for petition for adoption, amendment, or repeal of…”
Core-Mark Int'l Inc. v. Montana Bd. of Livestock, 2014 MT 197 (Mont. 2014). · cites it 4× “Section 2-4-315, MCA, under which the parties agreed to proceed, provides that “[a]n agency may, but is not required to, conduct a hearing or oral presentation on the petition.”
State v. 13th Jud. Dist. (Mont. 2023). · cites it 2× “Plaintiffs did not directly challenge the 2022 Rule, either by amending their complaint to include a request for declaratory judgment pursuant to § 2-4-506, MCA, or by petitioning DPHHS for repeal pursuant to § 2-4-315, MCA. Furthetmore, Plaintiffs did not challenge the…”
Matter of W.B.A., YINC, 2025 MT 300N (Mont. 2025). “¶17 None of the changes Mother cites in the child abuse and neglect statutes pertain to guardianship or alter the procedural requirement that either the Department or the guardian ad litem petition for a guardianship.”
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