Montana Code 2-3-112. Exceptions
2-3-112. Exceptions. The provisions of 2-3-103 and 2-3-111 do not apply to:
Terms Used In Montana Code 2-3-112
- 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
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
(1)an agency decision that must be made to deal with an emergency situation affecting the public health, welfare, or safety;
(2)an agency decision that must be made to maintain or protect the interests of the agency, including but not limited to the filing of a lawsuit in a court of law or becoming a party to an administrative proceeding; or
(3)a decision involving no more than a ministerial act.