Montana Code 37-1-405. Findings of fact — order — report
37-1-405. Findings of fact — order — report. (1) If the department finds by a preponderance of the evidence, following a hearing or on default, that a violation of this part has occurred, the department shall prepare and serve findings of fact, conclusions of law, and an order as provided in Title 2, chapter 4. If the licensee or license applicant is found not to have violated this part, the department shall prepare and serve an order of dismissal of the charges.
Terms Used In Montana Code 37-1-405
- 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.
- 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
(2)(a) The department shall within a reasonable amount of time report to the public the issuance of a summary suspension, a notice under 37-1-403, an accepted stipulation, a hearing examiner’s proposed decision, and a final order.
(b)In addition to any other means of notice, the department shall post the required information on a publicly available website.
(c)This subsection (2) may not be construed to require a meeting to be open or records to be disseminated when the demands of individual privacy clearly exceed the merits of public disclosure.