24.5.351 Declaratory Rulings

Thompson v. State of Montana and Liberty Northwest Ins. Corp. and Montana State Fund [04/28/06] 2006 MTWCC 19 While Respondent urges this Court to interpret § 2-4-501, MCA, to mean that the WCC’s only authority to issue declaratory rulings is via MAPA, ARM 24.5.351 – the rule provided for under § 2-4-501, MCA – does not specifically limit the WCC to MAPA. Section 2-4-501, MCA, does not state that the WCC may not issue declaratory judgments under the auspices of the UDJA; it merely commands the WCC to promulgate a rule setting forth a procedure to dispose of those actions for declaratory judgment concerning the applicability of statutory provisions, rules, or orders of the WCC. Respondent asks the Court to read limiting language into a statute that is not there.