Administrative Rule Review

The Montana Legislature may authorize administrative agencies to implement and carry out legislative enactments through the adoption of administrative rules. An administrative rule is an 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 an agency. See 2-4-102(11), MCA. When this occurs, the legislature establishes law through the adoption of statutes and authorizes an agency to make specific rules or regulations to implement or interpret those statutes. Once adopted, administrative rules carry the full force and effect of law and are subject to judicial challenge.

Administrative agencies are required to follow certain procedures in adopting administrative rules. These procedures are set forth in the Montana Administrative Procedure Act (MAPA). The purpose of MAPA is to ensure that the public receives notice of agency rulemaking and is provided an opportunity for meaningful public participation. MAPA also establishes general uniformity for rulemaking across agencies and provides due process safeguards to the public and to those that will be regulated by the administrative rules.

Administrative rules are published in the Administrative Rules of Montana (ARM), which is updated twice a month by the Montana Administrative Register (MAR). The MAR contains rulemaking notices regarding proposed new, amended, or repealed rules. The MAR also contains notices of adopted rules, recently issued attorney general's opinions, and notices of vacancies on state boards. The ARM and MAR are maintained by the Secretary of State's office and may be accessed at the following website: http://www.mtrules.org/.