Montana Code 2-3-102. Definitions
2-3-102. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 2-3-102
- Agency: means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, or enter into contracts except:
(a)the legislature and any branch, committee, or officer thereof;
(b)the judicial branches and any committee or officer thereof;
(c)the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or
(d)the state military establishment and agencies concerned with civil defense and recovery from hostile attack. See Montana Code 2-3-102
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contract: A legal written agreement that becomes binding when signed.
- Rule: means any 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 any agency. See Montana Code 2-3-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Agency” means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, or enter into contracts except:
(a)the legislature and any branch, committee, or officer thereof;
(b)the judicial branches and any committee or officer thereof;
(c)the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or
(d)the state military establishment and agencies concerned with civil defense and recovery from hostile attack.
(2)”Agency action” means the whole or a part of the adoption of an agency rule, the issuance of a license or order, the award of a contract, or the equivalent or denial thereof.
(3)”Rule” means any 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 any agency. The term includes the amendment or repeal of a prior rule but does not include:
(a)statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public; or
(b)declaratory rulings as to the applicability of any statutory provision or of any rule.