2-15-123. Administratively created agencies — prohibition. The governor, a department head, or any other official of the executive branch of state government or an agency may not, by administrative action, create or attempt to create an agency of state government. This section does not apply to:

Terms Used In Montana Code 2-15-123

  • Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-15-102
  • Department: means a principal functional and administrative entity that:

    (a)is created by this chapter within the executive branch of state government;

    (b)is one of the 20 principal departments permitted under the constitution; and

    (c)includes its units. See Montana Code 2-15-102

  • Executive branch: means the executive branch of state government referred to in Article III, section 1, and Article VI of the Montana constitution. See Montana Code 2-15-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(1)advisory councils created in accordance with 2-15-122;

(2)units within the internal structure of a department established under 2-15-112(1)(g).