House Bill No. [insert bill number] seeks to amend the Montana Administrative Procedure Act by introducing significant changes aimed at enhancing judicial independence and public transparency. A key provision of the bill states that courts are not required to defer to an agency's interpretation of law or its previous interpretations, thereby ensuring that judges interpret laws independently. Additionally, the bill mandates that all stipulations and agreements be published on the State of Montana website in a searchable format, promoting greater public access to information. The bill also revises the emergency rule adoption process, requiring compelling reasons for such actions and allowing for judicial review based on legislative intent.

Moreover, the bill modifies existing provisions related to agency hearings and judicial review standards. It requires that all testimony be given under oath, allows for cross-examinations, and mandates that parties be informed of any relevant facts or technical knowledge considered by the agency, with the opportunity to contest them. Importantly, the bill clarifies that agencies will not receive additional deference in interpreting laws, and courts must independently decide all legal questions, prioritizing the limitation of agency power and the protection of individual liberties. Additionally, if a review petition challenges a licensing or permitting decision on constitutional grounds, the petitioner must first demonstrate the unconstitutionality of the relevant statute.

Statutes affected:
LC Text: 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 2-4-612, 2-4-704
HB0052_1(1): 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 2-4-612, 2-4-704
HB0052_1(2): 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 2-4-612, 2-4-704
HB0052_1(3): 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 2-4-612, 2-4-704
HB0052_1(4): 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 2-4-612, 2-4-704
HB0052_1(5): 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 2-4-612, 2-4-704
HB0052_1(6): 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 2-4-612, 2-4-704
HB0052_1: 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 2-4-612, 2-4-704