§ 37-1-101 Duties of department
§ 37-1-102 Renumbered 37-1-121
§ 37-1-103 Renumbered 37-1-131
§ 37-1-104 Standardized forms
§ 37-1-105 Reporting disciplinary actions against licensees
§ 37-1-106 Biennial report
§ 37-1-107 Joint meetings — department duties
§ 37-1-108 Rules governing active supervision
§ 37-1-109 Cease and desist — injunction — criminal penalties
§ 37-1-121 Duties of commissioner — definitions
§ 37-1-122 Active supervision — rebuttable presumption — reconsideration
§ 37-1-123 Appointment — qualifications — terms
§ 37-1-124 Board organization — meetings — compensation — department allocation
§ 37-1-130 Definitions
§ 37-1-131 Duties of boards — quorum required
§ 37-1-132 Nominees for appointment to licensing and regulatory boards
§ 37-1-133 Board members’ compensation and expenses
§ 37-1-134 Boards — costs
§ 37-1-135 Licensing investigation and review — record access
§ 37-1-136 Disciplinary authority of boards — injunctions
§ 37-1-137 Grounds for disciplinary action as grounds for license denial — conditions to new licenses
§ 37-1-138 Protection of professional licenses for activated military reservists — rulemaking authority — definitions
§ 37-1-139 Definition — joint duties of boards — sexual offender evaluator license endorsement — rulemaking
§ 37-1-140 reserved
§ 37-1-141 License renewal — lapse — expiration — termination
§ 37-1-142 Terminated
§ 37-1-145 Military training or experience to satisfy licensing or certification requirements — rulemaking
§ 37-1-146 Activated military personnel exemptions
§ 37-1-147 Licensing and certification reciprocity for military members, military spouses, and veterans — requirements
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Terms Used In Montana Code > Title 37 > Chapter 1 > Part 1 - Duties and Authority of Department, Director, and Boards

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Board: means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121. See Montana Code 37-1-130
  • Board action: means a policy, rule, or other action taken by a board subject to subsection (1)(d). See Montana Code 37-1-121
  • Commissioner: means the commissioner of labor and industry unless otherwise specified. See Montana Code 37-1-121
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means the department of labor and industry established in 2-15-1701. See Montana Code 37-1-130
  • Department program: means a program administered by the department pursuant to this title and not affiliated with a board. See Montana Code 37-1-130
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Expired license: means a license that is not reactivated within the period of 46 days to 2 years after the renewal date for the license. See Montana Code 37-1-130
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
  • Lapsed license: means a license that is not renewed by the renewal date and that may be reactivated within the first 45-day period after the renewal date for the license. See Montana Code 37-1-130
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • License: means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration. See Montana Code 37-1-130
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Statute: A law passed by a legislature.
  • Terminated license: means a license that is not renewed or reactivated within 2 years of the license lapsing. See Montana Code 37-1-130
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Writing: includes printing. See Montana Code 1-1-203