2-3-104. Requirements for compliance with notice provisions. An agency shall be considered to have complied with the notice provisions of 2-3-103 if:

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Terms Used In Montana Code 2-3-104

  • 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

  • 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)an environmental impact statement is prepared and distributed as required by the Montana Environmental Policy Act, Title 75, chapter 1;

(2)a proceeding is held as required by the Montana Administrative Procedure Act;

(3)a public hearing, after appropriate notice is given, is held pursuant to any other provision of state law or a local ordinance or resolution; or

(4)a newspaper of general circulation within the area to be affected by a decision of significant interest to the public has carried a news story or advertisement concerning the decision sufficiently prior to a final decision to permit public comment on the matter.