GENERAL PROVISIONS: MODEL RULES: ORGANIZATIONAL RULE


Published: 2008-08-01

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1.3.305    ORGANIZATIONAL RULE

(1) An agency need not comply with the Montana Administrative Procedure Act (MAPA) notice and hearing requirements when adopting an organizational rule, per 2-4-201(1), MCA.

(2) An organizational rule must be reviewed biennially to determine whether it should be modified, per 2-4-314, MCA.

(3) An organizational rule should contain the following as illustrated by template 305a (https://sosmt.gov/arm/templates):

(a) the items required by 2-4-201(1), MCA;

(b) charts showing both the organization of the agency and the functions of each division, indicating those divisions without rulemaking authority; and

(c) a personnel roster of agency heads, division heads, and other key personnel should be included in the rule.

 

History: 2-4-202, MCA; IMP, 2-4-201, 2-4-202, 2-4-314, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1200, Eff. 10/12/79; AMD, 1981 MAR p. 1196, Eff. 10/16/81; AMD, 1999 MAR p. 1225, Eff. 6/4/99; AMD & TRANS, from ARM 1.3.203, 2008 MAR p. 1593, Eff. 8/1/08.