Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT · Part 5. Judicial Notice and Declaratory Rulings
Montana Code Annotated

Mont. Code Ann. § 2-4-501 (2026)

Declaratory Rulings By Agencies

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 4
  4. Part 5
  5. 2-4-501 Declaratory rulings by agencies

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT

Part 5. Judicial Notice and Declaratory Rulings

Declaratory Rulings By Agencies

2-4-501. Declaratory rulings by agencies. Each agency shall provide by rule for the filing and prompt disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any rule or order of the agency. A copy of a declaratory ruling must be filed with the secretary of state for publication in the register. A declaratory ruling or the refusal to issue such a ruling shall be subject to judicial review in the same manner as decisions or orders in contested cases.

History: En. Sec. 18, Ch. 2, Ex. L. 1971; R.C.M. 1947, 82-4218; amd. Sec. 13, Ch. 243, L. 1979.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1981–2022 · leading case: Thompson v. State, 2007 MT 185 (Mont. 2007).
Sort: Relevance Newest Treatment
Thompson v. State, 2007 MT 185 (Mont. 2007). · cites it 16× “¶ 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…”
State Ex Rel. Uninsured Employers' Fund v. Hunt, 625 P.2d 539 (Mont. 1981). · cites it 3× “1616 , we indicated in passing that the Workers’ Compensation Court operating as it does under the Montana Administrative Procedure Act (section 39-71-2903, MCA) has a limited right to issue declaratory rulings (section 2-4-501, MCA). It seems clear therefore, that this is a…”
Grouse Mountain Assocs., Ltd. v. Montana Dep't of Pub. Serv. Reg., 943 P.2d 971 (Mont. 1997). · cites it 6× “Section 2-4-501, MCA; 2-4-702, MCA. The standard of review applicable to the PSCþs conclusion is whether the PSC correctly interpreted the law in reaching that conclusion.”
Brisendine v. State, Dept. of Com., 833 P.2d 1019 (Mont. 1992). · cites it 2× “He could ask the Board for a declaratory judgment pursuant to § 2-4-501, MCA. If the decision is adverse, he could then appeal it to the District Court pursuant to § 2-4-506(4), MCA.”
Brisendine v. State, 253 Mont. 361 (Mont. 1991). · cites it 2× “He could ask the Board for a declaratory judgment pursuant to § 2-4-501, MCA. If the decision is adverse, he could then appeal it to the District Court pursuant to § 2-4-506(4), MCA.”
Bitterroot River Prot. Ass'n v. Bitterroot Conservation Dist., 2008 MT 377 (Mont. 2008). · cites it 3× “The Mitchell has never run dry, and 310 Law permits have previously been issued on the Mitchell.”
Alaska Pac. Assurance Co. v. L. H. C., Inc., 622 P.2d 224 (Mont. 1981). · cites it 3× “In this statement, we were wrong to the extent that the Workers’ Compensation Court, which operates under the Montana Administrative Procedure Act (section 39-71-2903, MCA) has a limited right to issue declaratory rulings (section 2-4-501, MCA). *125 The question then is whether…”
Bitterroot River Prot. Ass'n Inc. v. Bitterroot Cons. Dist., 2008 MT 377 (Mont. 2008). · cites it 3× “The Mitchell has never run dry, and 310 Law permits have previously been issued on the Mitchell.”
Strauser v. RJC Inv., Inc., 445 P.3d 803 (Mont. 2019). · cites it 6× “We noted that by following this approach, Brisendine "would not subject his license to revocation or suspension" before having his legal issue adjudicated.”
Wangerin v. DOR, 2022 MT 236 (Mont. 2022). · cites it 2× “3d 219 (standard of judicial review of agency declaratory rulings under § 2-4-501, MCA (agency declaratory rulings “as to the applicability of any statutory provision or .”
Montana Repub. Party v. R. Graybill (Mont. 2020). “When the complainant in that proceeding filed no petition forjudicial review within the thirty-day deadline(§§ 2-4-501,2-4-702(2)(a), MCA),still nine weeks remained before the primary election.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.