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MT HB52

Bill

Status

Failed

5/20/2025

Primary Sponsor

Lee Deming

Click for details

Origin

House of Representatives

2025 Regular Session

AI Summary

  • Courts reviewing agency decisions must decide all questions of law de novo, without deference to the agency's interpretation of statutes, rules, or prior agency interpretations

  • When ambiguity remains after applying standard interpretive tools, courts must favor interpretations that limit agency power and maximize individual liberty

  • Agencies may only adopt rules that implement "legislative intent" rather than the previous broader authority to "interpret or prescribe law"

  • All stipulations, agreed settlements, and contested case proceedings must be published on the State of Montana website in a searchable format

  • Declaratory judgment actions challenging rules must be brought in the district court where the plaintiff resides or has a principal place of business, removing the option to file where the agency is headquartered

Legislative Description

Generally revising administrative procedure laws relating to agency deference

Legislature

Last Action

(H) Died in Process

5/20/2025

Committee Referrals

Judiciary12/20/2024

Full Bill Text

No bill text available