Montana Title 2. Government Structure and Administration § 2-5-103. Definitions

(1) “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.

(2) “Consensus” means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under 2-5-106 unless the committee agrees upon another specified definition.

(3) “Convener” means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure.

(4) “Facilitator” means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule. A facilitator does not have decisionmaking authority.

(5) “Interest” means, with respect to an issue or matter, multiple parties that have a similar point of view or that are likely to be affected in a similar manner.

(6) “Negotiated rulemaking” means rulemaking through the use of a negotiated rulemaking committee.

(7) “Negotiated rulemaking committee” or “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.

(8) “Person” means an individual, partnership, corporation, association, governmental subdivision, agency, or public or private organization of any character.

(9) “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. The term includes the amendment or repeal of a prior rule but does not include: