Montana Administrative Register Notice 44-Declaratory Ruling COPP-2013-0001 No. 6   03/27/2014    
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Montanans for Community Development Requestor and Petitioner


No. COPP-2013-A0-0001

Converted, in part, to Petition for

Declaratory Ruling


No. COPP-2013-DR-0001

Notice of Refusal to Issue a

Declaratory Ruling



             The Commissioner of Political  Practices (COPP) hereby issues this Notice of Refusal to issue a Declaratory Ruling.  This  Notice is issued under the authority and direction of the  Administrative Rules of Montana (ARM) 1.3.227 through 1.3.299 and §2-4-501 MCA.  A refusal to issue a Declaratory Ruling "...shall be subject to judicial review in the  same manner as decisions or orders in contested cases." §2-4-501 MCA.

Procedural History


On October 18,  2013 and October 30,  2013, the  COPP responded to an original and renewed request for an  advisory opinion submitted by Montanans for Community Development (MCD) to the  Commissioner of Political Practices. On October 30,  2013, MCD also  submitted its  Petition for Declaratory Ruling, using the  COPP's  advisory opinion responses as the  basis for the  Petition.  On November  4, 2013, the  COPP issued its "Rejection of Petition for Declaratory Ruling on  Procedural Grounds."

          On  November 7, 2013, MCD filed a federal court action:  Montanans for Community Development v. Jonathan Motl, United States District Court for the District of Montana, No. 6:13-cv-0070-CCL.  On January 17,  2014, MCD, as the Plaintiff  in the  above matter, filed a responsive brief wherein it stated:  "The COPP argues that the  administrative proceedings are  'on going.' This  is not  the case. The COPP rejected MCD's request for a declaratory ruling and the  matter is now closed."

Refusal to Issue A Declaratory Ruling


Given  MCD's  position that the  administration matter is closed, as stated above,  the  COPP hereby engages the  authority of§ 2-4-501 MCA and declares that the  Office refuses to issue a Declaratory Ruling, incorporating into  this refusal the  reasons set  out  in the  November 4, 2013 "Rejection of Petition for Declaratory Ruling on  Procedural Grounds."

A refusal to issue a declaratory ruling is "subject to judicial review" as defined by Title 2, Chapter 4, Part  7 of the  Montana Code.  The  MCD is hereby notified  so that it may  assert its  rights of appeal.

              DATED this 7th day  of March, 2014.





/s/Jonathon R. Motl

Jonathan R. Motl

Commissioner of Political  Practices

Of the  State of Montana

P. 0. Box 202401

1205 8th Avenue

Helena, MT     59620

Phone:  (406)-444-4622




Certificate of Mailing


The undersigned hereby certifies that true and correct copies of the foregoing document were, this day, served upon the  below listed parties electronically:


Chris Gallus

Attorney at Law

1423 East Otter Road

Helena, MT     59602





Dated this 7th  day  of March, 2014.




/s/  Jonathon R. Motl


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