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2.2.101   MODEL PROCEDURAL RULES

(1) The Department of Administration adopts and incorporates by reference the following model rules, which may be found at http://sos.mt.gov/:

(a) the Attorney General's model procedural rules ARM 1.3.201, 1.3.202, 1.3.211 through 1.3.224, and 1.3.226 through 1.3.233, including the appendix of sample forms in effect January 2, 2018. These rules provide model rules of practice for contested case hearings and declaratory rulings; and

(b) the Secretary of State's model rules ARM 1.3.101, 1.3.102, 1.3.301, 1.3.302, 1.3.304, 1.3.305, 1.3.307 through 1.3.309, and 1.3.311 through 1.3.313 in effect January 2, 2018. These rules define model requirements for rulemaking under the Montana Administrative Procedure Act.

 

History: 2-4-201, MCA; IMP, 2-4-201, MCA; Eff. 12/31/72; AMD, 1980 MAR p. 1481, Eff. 5/16/80; AMD, 2009 MAR p. 1777, Eff. 10/16/09; AMD, 2018 MAR p. 426, Eff. 2/24/18.

2.2.102   PUBLIC MEETINGS

(1) Except as otherwise provided in 2-3-104, MCA, when the department holds a meeting as defined in 2-3-202, MCA, the department shall: 

(a) use best efforts to post meeting or hearing notices, including advisory council and board meetings, a week or more ahead of time. Meetings shall be posted a minimum of 72 hours in advance;

(b) post the meeting or hearing notice on the state's electronic calendar and on other appropriate locations on the department's website;

(c) provide personal notification (e.g., email) to those who have previously shown an interest in the matter;

(d)  include adequate details of any proposed action;

(e) include a full agenda for any meeting or hearing with a time allotted for public comment;

(f) include a contact name, address, phone number, mailing, and email addresses for persons with disabilities who wish to participate in the public meeting; and

(g) incorporate public comment received at the meeting in the official minutes of the meeting.

(2) The department may hold meetings electronically or by other means of remote communication, so long as public participation is allowed as provided under Montana laws.

(3) The department may record meetings and use meeting recordings as official minutes as provided in 2-3-212, MCA. 


History: 2-3-103, 2-4-201, MCA; IMP, 2-3-103, MCA; NEW, 2022 MAR p. 1312, Eff. 7/23/22.

2.2.1311   CLOSING

This rule has been repealed.

History: 2-18-102, MCA; IMP, 2-18-102, MCA; NEW, 1983 MAR p. 845, Eff. 7/15/83; REP, 2000 MAR p. 3515, Eff. 12/22/00.