House Bill No. [insert number] seeks to amend the Montana Administrative Procedure Act by introducing significant changes aimed at enhancing judicial independence and transparency in administrative processes. A key provision of the bill states that courts are prohibited from deferring to an agency's interpretation of law or its previous interpretations, thereby ensuring that judges interpret laws independently. Additionally, the bill mandates the publication of all stipulations and agreements related to contested cases on the State of Montana website, which is intended to improve public access to information and promote accountability.

The bill also revises existing legal provisions concerning agency hearings and judicial review standards. It requires that all testimony be given under oath and grants parties the right to cross-examine witnesses, ensuring a thorough examination of facts. Furthermore, it clarifies that while an agency's specialized knowledge can inform evidence evaluation, it does not grant the agency additional deference in legal interpretations. The bill emphasizes that courts must address all legal questions without deferring to agency interpretations, particularly in cases challenging licensing or permitting decisions on constitutional grounds, where 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: 2-4-101, 2-4-102, 2-4-303, 2-4-412, 2-4-506, 2-4-603, 2-4-612, 2-4-704