Bill > HB33

This bill revises Montana's administrative law regarding petitions to initiate agency rulemaking by clarifying an agency's ability to handle such petitions. Specifically, the bill allows state agencies to summarily dismiss portions of rulemaking petitions that fall outside their regulatory jurisdiction or authority, without being required to advance those portions through formal petition acceptance or rulemaking proceedings. The bill mandates that when an agency dismisses part of a petition, its written decision must include the rationale for dismissal and provide contact information for other agencies or bodies that might have jurisdiction over the issues raised. The bill maintains existing requirements that agencies must respond to petitions within 60 days, either denying the petition in writing or initiating rulemaking proceedings, and that the decision must be based on record evidence. Additionally, while agencies are not mandated to hold hearings on petitions, they retain the discretion to do so to develop a record and allow petitioners and interested parties to present their views. The bill becomes effective immediately upon passage and approval.

Government Affairs

https://bills.legmt.gov/#/laws/bill/20251/LC0507