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This is an obsolete version of the rule. Please click on the rule number to view the current version.

24.9.402    CONSTRUCTION OF STATUTES AND RULES

(1) Statutes and rules of the commission which have the intent and purpose of protecting rights, duties and privileges secured by law are liberally construed. "Liberal construction" means, without limitation, giving broad coverage and inclusive interpretation to human rights statutes and rules to assure enforcement and protection of the rights secured by them.

(2) Statutes and rules of the commission will be strictly construed with respect to exemptions from them, bona fide occupational qualifications or other exceptions from the protection of law. "Strict construction" means, without qualification, allowing exemptions or exceptions only in extraordinary circumstances where they are specifically authorized by law and have a factual basis.

(3) In those situations where the interpretation of a statute, rule or other law is unclear from Montana precedent, the commission may use other pertinent and persuasive precedent to aid statutory interpretation.

History: 49-2-204, 49-3-106, MCA; IMP, 2-4-501, 49-2-401, 49-2-402, 49-2-403, 49-3-105, MCA; NEW, 1988 MAR p. 2308, Eff. 10/28/88.

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