2-5-105. Application for membership on committees — publication of notice. (1) If an agency decides to establish a negotiated rulemaking committee, the agency shall publish in the Montana Administrative Register and, as appropriate, in newspapers and other publications, a notice that includes:

Terms Used In Montana Code 2-5-105

  • Agency: means any board, bureau, commission, department, authority, or officer of the executive branch of state government authorized or required by law to make rules. See Montana Code 2-5-103
  • committee: means an advisory committee established under 2-5-106 and authorized under 2-4-304 to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule. See Montana Code 2-5-103
  • Negotiated rulemaking: means rulemaking through the use of a negotiated rulemaking committee. See Montana Code 2-5-103
  • Person: means an individual, partnership, corporation, association, governmental subdivision, agency, or public or private organization of any character. See Montana Code 2-5-103
  • Rule: means an agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of an agency. See Montana Code 2-5-103

(a)an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;

(b)a description of the subject and scope of the rule to be developed and the issues to be considered;

(c)a list of interests likely to be significantly affected by the proposed rule;

(d)a list of the persons proposed to represent the affected interests and the agency;

(e)a proposed schedule for completing the work of the committee; and

(f)an explanation of how a person may apply for or nominate another person for membership on the committee.

(2)An agency may include the notice required in subsection (1) in the notice of intent to promulgate rules made pursuant to 2-4-302.

(3)The agency shall provide a period of at least 30 days for the submission of comments and applications for membership on a negotiated rulemaking committee.