MT Chiropractic Jurisprudence study materials
MT Chiropractic Jurisprudence study resources

MT Chiropractic Jurisprudence: Board authority, rulemaking, and administrative procedure

MT Chiropractic Jurisprudence · Work through your exam, one topic at a time.

All guide sections

Board authority, rulemaking, and administrative procedure

Board authority questions test who may act, under what procedure, and what a licensee can challenge. The Board derives power from statute; it cannot create jurisdiction by policy.

Core rules

  • The Board licenses, renews, investigates complaints, and imposes discipline authorized by MCA Title 37, chapter 12.
  • Rulemaking follows the Montana Administrative Procedure Act, including notice, public comment, adoption, and filing; a rule inconsistent with statute is vulnerable.
  • Contested cases also follow MAPA: adequate notice, opportunity to be heard, an impartial decision-maker, a record, and a written decision. The Board may use hearing officers but remains responsible for the final order.
  • Ex parte communications about contested facts are improper; procedural deadlines matter.
  • Emergency or summary action requires the statutory standard, such as imminent danger, and a prompt post-deprivation hearing.

Worked example

The Board wants to require a new malpractice-insurance disclosure immediately. It emails licensees a new form and begins enforcing it. The missing step is MAPA rulemaking: notice and comment, statutory authority, and filing. A policy memo is not a valid rule if it binds licensees.

Traps

  • Treating a Board newsletter as law.
  • Assuming a hearing officer's proposal is automatically final.
  • Ignoring service or deadline rules because the Board will understand.
  • Confusing rulemaking, which is prospective, with discipline of an individual.