As used in this part, the following definitions apply:

1. (1) "Agency" means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, or enter into contracts except:

   1. (a) the legislature and any branch, committee, or officer thereof;
   2. (b) the judicial branches and any committee or officer thereof;
   3. (c) the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or
   4. (d) the state military establishment and agencies concerned with civil defense and recovery from hostile attack.
2. (2) "Agency action" means the whole or a part of the adoption of an agency rule, the issuance of a license or order, the award of a contract, or the equivalent or denial thereof.

3. (3) "Rule" means any agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of any agency. The term includes the amendment or repeal of a prior rule but does not include:

   1. (a) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public; or
   2. (b) declaratory rulings as to the applicability of any statutory provision or of any rule.

History: En. 82-4227 by Sec. 2, Ch. 491, L. 1975; amd. Sec. 23, Ch. 285, L. 1977; amd. Sec. 1, Ch. 452, L. 1977; R.C.M. 1947, 82-4227(part); amd. Sec. 1, Ch. 243, L. 1979.