Terms Used In Montana Code > Title 39 > Chapter 8 > Part 3 - Disciplinary Provisions

• Client: means a person that obtains all or part of the person's workforce from another person through a professional employer arrangement. See Montana Code 39-8-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Department: means the department of labor and industry. See Montana Code 39-8-102
• 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.
• group: means at least two but not more than five professional employer organizations, each of which is majority-owned by the same person. See Montana Code 39-8-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Licensee: means a person licensed as a professional employer organization or group under this chapter. See Montana Code 39-8-102
• Person: means an individual, association, company, firm, partnership, corporation, or limited liability company. See Montana Code 39-8-102
• Professional employer arrangement: means an arrangement by contract or otherwise under which:

  (i)a professional employer organization or group assigns employees to perform services for a client;

  (ii)the arrangement is or is intended to be ongoing rather than temporary in nature; and

  (iii)the employer responsibilities are shared by the professional employer organization or group and the client. See Montana Code 39-8-102

• Professional employer organization: means :

  (i)a person that provides services of employees pursuant to one or more professional employer arrangements or to one or more employee leasing arrangements; or

  (ii)a person that represents to the public that the person provides services pursuant to a professional employer arrangement. See Montana Code 39-8-102

• 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