Terms Used In Montana Code > Title 37 > Chapter 1 > Part 4 - Uniform Regulations for Licensing Programs Without Boards

• Allegation: something that someone says happened.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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.
• 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. See Montana Code 37-1-401
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-1-401
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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. See Montana Code 37-1-401

• 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

• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• 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
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Property: means real and personal property. See Montana Code 1-1-205
• 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.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• 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