2-4-701. Immediate review of agency action. 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.
Montana Code Annotated
Mont. Code Ann. § 2-4-701 (2026)
Immediate Review Of Agency Action
✓ current as of May 2026
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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION
CHAPTER 4. ADMINISTRATIVE PROCEDURE ACT
Part 7. Judicial Review of Contested Cases
Immediate Review Of Agency Action
History: En. Sec. 16, Ch. 2, Ex. L. 1971; amd. Sec. 17, Ch. 285, L. 1977; R.C.M. 1947, 82-4216(part).
Notes of Decisions
Cited in 44
cases (9 in the last 5 years), 1979–2025 · leading case: Montana Trout Unlimited v. Montana Dep't of Nat. Resources & Conservation, 2006 MT 72 (Mont. 2006).
Montana Trout Unlimited v. Montana Dep't of Nat. Resources & Conservation, 2006 MT 72 (Mont. 2006). “" Section 2-4-701, MCA. ¶ 22 Trout Unlimited argues that review of a final decision by DNRC on its decision to process a groundwater application would not provide an adequate remedy.”
Wilson v. Dep't of Pub. Serv. Reg., 858 P.2d 368 (Mont. 1993). “We restate the issue on appeal as whether, under Section 2-4-701, MCA, the District Court properly granted immediate review of the agency's action in this case.”
Stenstrom v. State, 930 P.2d 650 (Mont. 1996). “The complaint alleged that the defendant State of Nebraska *324 fraudulently obtained its paternity and support order against him; that defendant State of Montana CSED failed to register the Nebraska order; that a final decision of the CSED would not provide him an adequate…”
Flowers v. Bd. of Pers. Appeals, 2020 MT 150 (Mont. 2020). “He argues further that Hearing Officer Holien’s recommended order was a procedural ruling entitled to immediate judicial review pursuant to § 2-4-701, MCA. He thus contends that he sufficiently exhausted FWP’s administrative process.”
Shoemaker v. Denke, 2004 MT 11 (Mont. 2004). “Section 2-4-701, MCA, “Judicial Review of Contested Cases,” provides: Immediate review of agency action.”
Yanzick v. Sch. Dist. No. 23, Etc., 641 P.2d 431 (Mont. 1982). “" 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.”
Montana Power Co. v. Montana Dep't of Pub. Serv. Reg., 709 P.2d 995 (Mont. 1985). “On October 10, 1984, MPC filed in the District Court, Second Judicial District, Silver Bow County, its petition for judicial review of the PSC order, under the provisions of the Montana Administrative Procedure Act, § 2-4-701, MCA. Service of copies of the petition was made upon…”
Johansen v. State, Dept. of Nat. Resources, 1998 MT 51 (Mont. 1998). “He contends that the District Court did have jurisdiction under MAPA, § 2-4-701, et seq., MCA, to review his petition and that it should have ordered the Department to grant him a full contested case hearing prior to canceling his lease.”
Qwest Corp. v. Montana Dep't of Pub. Serv. Reg., 2007 MT 350 (Mont. 2007). “Whether the investigation undertaken by the PSC in this case was subject to review under § 2-4-701, MCA. ¶5 3. Whether the PSC may investigate utilities in any manner necessary to effectuate its statutory duties.”
BNSF Ry. Co. v. O'Dea, 572 F.3d 785 (9th Cir. 2009). “NOTES [1] Mont.Code Ann. §§ 2-4-701 through 2-4-711.”
Hilands Golf Club v. Ashmore, 2002 MT 8 (Mont. 2002). “§ 2-4-701 to -711, MCA. Section 2-4-702(1)(b), MCA, provides: A party who proceeds before an agency under the terms of a particular statute may not be precluded from questioning the validity of that statute on judicial review, but the parties may not raise any other question not…”
Seubert v. Seubert, 2000 MT 241 (Mont. 2000). “Furthermore, the District Court asserts that the procedure for judicial review does not cure the statutory scheme of its constitutional infirmity, because the judicial review is not automatic and the scope of review is limited by the Montana Administrative Procedure Act (MAPA)…”
— Mont. Code Ann. § 2-4-701(1) — 1 case
Town of Kevin v. MT DNR&C (Mont. 2024).
— Mont. Code Ann. § 2-4-701(2) — 1 case
Town of Kevin v. MT DNR&C (Mont. 2024).
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