Montana Negotiated Rulemaking Act
Montana · Government Structure and Administration · §§ 2-5-101 to 2-5-110 · 10 sections
Overview
The Negotiated Rulemaking Act authorizes administrative agencies to develop proposed rules through a consensus-based negotiation process involving representatives of the interests likely to be affected by a rule, as an alternative front end to conventional rulemaking. It provides for a convener to assess whether negotiation is appropriate and to recommend membership, for public notice of the agency's intent to use the process, for the appointment and term of a negotiated rulemaking committee, and for a facilitator to run the committee's deliberations, while also addressing the costs borne by participants and the confidentiality of certain records and communications generated in negotiation. Use of the process does not displace the state's administrative procedure act, whose notice-and-comment and other rulemaking requirements continue to apply.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
Sections covered
- Mont. Code Ann. § 2-5-101Short title
- Mont. Code Ann. § 2-5-102Purpose
- Mont. Code Ann. § 2-5-103Definitions
- Mont. Code Ann. § 2-5-104Determination of need for negotiated rulemaking committee
- Mont. Code Ann. § 2-5-105Application for membership on committees -- publication of notice
- Mont. Code Ann. § 2-5-106Establishment of committee -- determination
- Mont. Code Ann. § 2-5-107Expansion of committee membership
- Mont. Code Ann. § 2-5-108Committee -- duties -- procedures -- report
- Mont. Code Ann. § 2-5-109Facilitator -- selection and duties
- Mont. Code Ann. § 2-5-110Expenses -- convener -- facilitator -- committee members
Enacted in other states
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