2-15-101. Declaration of policy and purpose. (1) The purpose of this chapter is to comply with Article VI, section 7, of the Montana constitution which requires that all executive and administrative offices, boards, bureaus, commissions, agencies, and instrumentalities of the executive branch (except for the office of governor, lieutenant governor, secretary of state, attorney general, superintendent […]
2-15-102. Definitions. As used in this chapter, the following definitions apply: (1) ”Advisory capacity” means furnishing advice, gathering information, making recommendations, and performing other activities that may be necessary to comply with federal funding requirements and does not mean administering a program or function or setting policy. (2) ”Agency” means an office, position, commission, committee, board, department, council, […]
2-15-103. Policymaking authority and administrative powers of governor. In accordance with Article VI, section 4, of the Montana constitution, the governor is the chief executive officer of the state. Subject to the constitution and law of this state, the governor shall formulate and administer the policies of the executive branch of state government. In the execution […]
2-15-104. Structure of executive branch. (1) In accordance with the constitution, all executive and administrative offices, boards, commissions, agencies, and instrumentalities of the executive branch of state government and their respective functions are allocated by this chapter among and within the following departments or entities: (a) department of administration; (b) department of military affairs; (c) department of revenue; (d) state […]
2-15-105. Attorney general, state auditor, superintendent of public instruction, and secretary of state — powers as department heads. The attorney general, state auditor, superintendent of public instruction, and secretary of state have, in addition to any other power vested by the Montana constitution or by law, the same powers accorded the heads of departments by this […]
2-15-106 and 2-15-107 reserved.
2-15-108. Gender and racial balance — report to legislature. (1) As vacancies occur and appointments are made, all appointing authorities of all appointive boards, commissions, committees, and councils of state government shall take positive action to attain gender balance and proportional representation of minorities resident in Montana to the greatest extent possible. (2) Pursuant to subsection (1), […]
2-15-109 and 2-15-110 reserved.
2-15-111. Appointment and qualifications of department heads. (1) At the beginning of each gubernatorial term, the governor shall appoint each department head who serves as a director as provided in this chapter. (2) An appointment of a director by the governor is subject to the confirmation of the senate, except that the governor may appoint a director […]
2-15-112. Duties and powers of department heads. (1) Except as otherwise provided by law, each department head shall: (a) supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by this chapter or other law; (b) establish the policy to be followed by the department and employees; (c) compile and submit reports and budgets […]
2-15-113. Prior right of department head to agencies and records. Each department head designated by this chapter or appointed by the governor has, before assuming the office of the department head, full access to all agencies and their records within the department created by this chapter for the purpose of formulating plans for internal organization and […]
2-15-114. Security responsibilities of departments for data. Each department head is responsible for ensuring an adequate level of security for all data within that department and shall: (1) develop and maintain written internal policies and procedures to ensure security of data. The internal policies and procedures are confidential information and exempt from public inspection, except that the […]
2-15-115. Notice of estimated turnaround time on application for permit or license. (1) Except as provided in subsection (3), an application form issued by an agency that is an application for a permit or a license must include, either as an attachment or directly on the form, the estimated time it will take for the agency […]
2-15-116 through 2-15-120 reserved.
2-15-121. Allocation for administrative purposes only. (1) An agency allocated to a department for administrative purposes only in this chapter shall: (a) (i) exercise its quasi-judicial, quasi-legislative, licensing, and policymaking functions independently of the department and without approval or control of the department except as provided in subsection (1)(a)(ii); (ii) accede, if the agency is a licensing board regulated […]
2-15-122. Creation of advisory councils. (1) (a) A department head or the governor may create advisory councils. (b) An agency or an official of the executive branch of state government other than a department head or the governor, including the superintendents of the state’s institutions and the presidents of the units of the state’s university system, may also […]
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: (1) advisory councils created in accordance with 2-15-122; (2) units within the […]
2-15-124. Quasi-judicial boards. If an agency is designated by law as a quasi-judicial board for the purposes of this section, the following requirements apply: (1) The number of and qualifications of its members are as prescribed by law. In addition to those qualifications, unless otherwise provided by law, at least one member must be an attorney licensed […]
2-15-125. Future agencies and functions. If an agency or a function is not allocated or transferred to a department or a constitutional office by this chapter or any other act of the legislature, the governor shall, by executive order, allocate that agency for administrative purposes only or function to the appropriate principal department or constitutional office. […]
2-15-126. Terminated. Sec. 4, Ch. 237, L. 1993. History: En. Sec. 1, Ch. 237, L. 1993.
