Cal. Civ. Code § 49-2-505

Contested Case Hearing -- Appeal To Commission -- Final Agency Decision

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaFair Housing & Anti-Discrimination

Operative Text

Cal. Civ. Code § 49-2-505
(1) The department shall hold a contested case hearing on a complaint that is certified for hearing under 49-2-504 or that is remanded for hearing by the commission or by a reviewing court. The department shall serve notice of the hearing and a copy of the complaint on the parties.
(2) If the parties mutually agree to extend the time for hearing beyond 12 months after the complaint is filed, then the parties shall stipulate to a schedule for proceedings to be established by the department. The department shall, not later than 395 days after the complaint was filed, set a date for an administrative hearing in the case in accordance with the stipulated schedule. After a hearing date is set, the department may, in its sole discretion, issue a continuance of the hearing date only upon a showing of good cause.
(3) (a) The hearing must be held by the department in the county where the unlawful conduct is alleged to have occurred unless a party requests and is granted a change of venue for good cause shown. The case in support of the complaint may be presented before the department by the charging party or an attorney representing the charging party. The hearing must be held in accordance with the applicable portions of the Montana Rules of Civil Procedure.
(b) Upon request of the hearings officer, the department may present evidence with regard to activity conducted. However, except in cases brought pursuant to 42 U.S.C. 3601, et seq., the department may not represent either party in a contested case hearing.
(c) If the case is not settled, fully decided on order or motion, or otherwise resolved, after a hearing, the hearings officer shall issue a decision. If the decision is not appealed to the commission within 14 days as provided in subsection (4), the decision becomes final and is not appealable to district court.
(4) A party may appeal a decision of the hearings officer by filing an appeal with the commission within 14 days after the issuance of the notice of decision of the administrative hearing.
(5) The commission shall hear all appeals within 120 days of receipt of an appeal. The commission may affirm, reject, or modify the decision in whole or in part. The commission shall render a final agency decision within 90 days of hearing the appeal.
(6) All hearings conducted under this section may, upon stipulation of the parties, be heard telephonically.
(7) The department or the commission may make provisions for defraying the expenses of an indigent party in a hearing held pursuant to this chapter.
(8) The prevailing party in a hearing under this section may bring an action in district court for attorney fees and costs. The court in its discretion may allow the prevailing party reasonable attorney fees and costs. An action under this section must comply with the Montana Rules of Civil Procedure.
(9) Within 30 days after the commission issues a final agency decision in writing under subsection (5), a party may petition a district court for judicial review of the final agency decision as provided in 2-4-702 .
Source: Legislative text reproduced verbatim
Plain English

Mont. Code Ann. § 49-2-505 establishes the procedural framework for contested case hearings on discrimination complaints in Montana. Once a complaint is certified or remanded for hearing, the relevant state department conducts a formal hearing in the county where the alleged unlawful conduct occurred, following Montana Rules of Civil Procedure. A hearings officer issues a decision that can be appealed to the commission within 14 days, and the commission must render a final agency decision within 90 days of hearing the appeal. After a final agency decision, any party has 30 days to seek judicial review in district court, and the prevailing party may separately pursue attorney fees and costs.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 49-2-505, property owners and managers who are named in a certified discrimination complaint should be aware that a formal hearing will be scheduled in the county where the alleged conduct occurred, with notice and a copy of the complaint served on all parties. Compliant operators generally track the strict procedural deadlines in this provision — including the 14-day window to appeal a hearings officer's decision to the commission and the 30-day window to petition for district court review after a final agency decision. Operators also typically document all proceedings carefully, as the prevailing party may seek attorney fees and costs in district court under this section.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 49-2-505 provides tenants and other complainants with a structured hearing process once a discrimination complaint is certified, including the right to present their case personally or through an attorney before a hearings officer. If the hearings officer's decision is unfavorable, this provision allows a party to appeal to the commission within 14 days, and if the commission's final agency decision is still unsatisfactory, a petition for judicial review in district court may be filed within 30 days. Tenants who cannot afford representation should note that § 49-2-505(7) allows the department or commission to help defray hearing expenses for indigent parties; tenant-rights organizations can help identify what options may be available under this provision.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Mont. Code Ann. § 2-4-702
Not yet ingested

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 49-2-510
Mont. Code Ann. § 49-2-305
Mont. Code Ann. § 49-2-505
Mont. Code Ann. § 49-2-504
Mont. Code Ann. § 49-2-510
Mont. Code Ann. § 49-2-505
Mont. Code Ann. § 49-2-506
Mont. Code Ann. § 49-2-305
Mont. Code Ann. § 49-2-504
Mont. Code Ann. § 49-2-501
Mont. Code Ann. § 49-2-305
Mont. Code Ann. § 49-4-203
Mont. Code Ann. § 49-4-203

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Policies; recommendations

Source Information