Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT · Part 6. Contested Cases
Montana Code Annotated

Mont. Code Ann. § 2-4-601 (2026)

Notice

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 4
  4. Part 6
  5. 2-4-601 Notice

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT

Part 6. Contested Cases

Notice

2-4-601. Notice. (1) In a contested case, all parties must be afforded an opportunity for hearing after reasonable notice.

(2) The notice must include:

(a) a statement of the time, place, and nature of the hearing;

(b) a statement of the legal authority and jurisdiction under which the hearing is to be held;

(c) a reference to the particular sections of the statutes and rules involved;

(d) a short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement must be furnished.

(e) a statement that a formal proceeding may be waived pursuant to 2-4-603.

History: En. Sec. 9, Ch. 2, Ex. L. 1971; R.C.M. 1947, 82-4209(1), (2); amd. Sec. 1, Ch. 277, L. 1979.

Notes of Decisions
Cited in 20 cases (4 in the last 5 years), 1979–2026 · leading case: Johansen v. State, Dept. of Nat. Resources, 1998 MT 51 (Mont. 1998).
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Johansen v. State, Dept. of Nat. Resources, 1998 MT 51 (Mont. 1998). · cites it 4× “” Alternatively, Johansen requested that the Department give him a contested case hearing pursuant to the Montana Administrative Procedure Act (MAPA), § 2-4-601, et seq., MCA. ¶10 The Department informally discussed the cancellation of the lease with Johansen.”
Yanzick v. Sch. Dist. No. 23, Etc., 641 P.2d 431 (Mont. 1982). · cites it 4× “" We conclude that the present controversy is a contested case as defined in MAPA, making the MAPA code sections on Contested Cases (section 2-4-601 to 2-4-631, MCA) and Judicial Review of Contested Cases (section 2-4-701 to 2-4-711, MCA) applicable.”
Kadillak v. Anaconda Co., 602 P.2d 147 (Mont. 1979). · cites it 3× “” Section 2-4-601, MCA. “Contested case” is defined in the MAPA as follows: “ ‘Contested 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.”
Thompson v. J.C. Billion, Inc., 2013 MT 20 (Mont. 2013). · cites it 2× “7537; Section 2-4-601, et seq. Thompson has not pointed to any violation of these provisions by Billion.”
Wheelsmith Fabrication, Inc. v. Montana Dep't of Labor, 2000 MT 27 (Mont. 2000). · cites it 3× “” Section 2-4-601, MCA; Rule 24.11.317(4), A.”
Anaconda Pub. Schs. v. Whealon, 2012 MT 13 (Mont. 2012). · cites it 3× “¶15 InPeiia, we interpreted provisions ofthe Montana Administrative Procedure Act (MAPA), specifically, §2-4-601, MCA (‘In a contested case, all parties must be afforded an opportunity for hearing after reasonable notice’]), and § 2-4-612, MCA (‘Opportunity shall be afforded all…”
Klundt v. State Ex Rel. Bd. of Pers. Appeals, 712 P.2d 776 (Mont. 1986). · cites it 3× “According to Section 2-4-701, MCA, “a preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency decision would not provide an adequate remedy.”
In Re the Proposed Disciplinary Treatment of the Occupational Veterinarian's License of Peila, 815 P.2d 139 (Mont. 1991). “Procedural due process requires that parties be given reasonable *281 notice and a reasonable opportunity to be heard; these due process requirements are reflected in MARA in §§ 2-4-601, and 2-4-612(1), MCA. Section 2-4-612(1), MCA, provides that “[opportunity shall be afforded…”
Puget Sound Energy, Inc. v. State, 2011 MT 141 (Mont. 2011). · cites it 4× “” Section 2-4-601, MCA. *48 STAB provided the parties with the opportunity “to respond and present evidence and argument on all issues involved.”
Cottonwood Hills, Inc. v. State, Dep't of Labor & Indus., Unemployment Ins. Div., 777 P.2d 1301 (Mont. 1989). “A contested case hearing as allowed under § 2-4-601 et seq, MCA, was held before the Employment Relations Division of the Department on April 19, 1988.”
Klundt v. State, 720 P.2d 1181 (Mont. 1986). · cites it 3× ““The District Court properly granted respondent Board’s motion for summary judgment.”
Flathead Lakers v. DNRC, 2020 MT 132 (Mont. 2020). “Sections 2-4-601 to -631; 85-2-309(1), MCA.”
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