Montana Code 37-1-401. Uniform regulation for licensing programs without boards — definitions
37-1-401. (Temporary) Uniform regulation for licensing programs without boards — definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 37-1-401
- Allegation: something that someone says happened.
- Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-1-401
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- License: means permission in the form of a license, permit, endorsement, certificate, recognition, or registration granted by the state of Montana to engage in a business activity or practice at a specific level in a profession or occupation governed by:
(a)Title 37, chapter 2, part 6;
(b)Title 37, chapter 16, 40, 56, 60, 72, or 73; or
(c)Title 50, chapter 39, 74, or 76. See Montana Code 37-1-401
- occupation: means a profession or occupation regulated by the department under the provisions of:
(a)Title 37, chapter 2, part 6;
(b)Title 37, chapter 16, 40, 49, 56, 60, 72, or 73; or
(c)Title 50, chapter 39, 74, or 76. See Montana Code 37-1-401
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
(1)”Complaint” means a written allegation filed with the department that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant.
(2)”Department” means the department of labor and industry provided for in 2-15-1701.
(3)”Investigation” means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a complaint or other information before the department, that is carried out for the purpose of determining:
(a)whether a person has violated a provision of law justifying discipline against the person;
(b)the status of compliance with a stipulation or order of the department;
(c)whether a license should be granted, denied, or conditionally issued; or
(d)whether the department should seek an injunction.
(4)”License” means permission in the form of a license, permit, endorsement, certificate, recognition, or registration granted by the state of Montana to engage in a business activity or practice at a specific level in a profession or occupation governed by:
(a)Title 37, chapter 2, part 6;
(b)Title 37, chapter 16, 40, 56, 60, 72, or 73; or
(c)Title 50, chapter 39, 74, or 76.
(5)”Profession” or “occupation” means a profession or occupation regulated by the department under the provisions of:
(a)Title 37, chapter 2, part 6;
(b)Title 37, chapter 16, 40, 49, 56, 60, 72, or 73; or
(c)Title 50, chapter 39, 74, or 76. (Terminates June 30, 2031–sec. 10, Ch. 628, L. 2023.)