Montana Code 37-1-407. Appeal
37-1-407. Appeal. (1) A person who is disciplined by the department under 37-1-402 through 37-1-406 or denied a license may appeal the decision to the district court as provided in Title 2, chapter 4.
Terms Used In Montana Code 37-1-407
- 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
- Department: means the department of labor and industry provided for in 2-15-1701. 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(2)A person who disputes the department’s deficiency determination made pursuant to 37-1-321 may appeal the decision to the commissioner of labor and industry. Consideration of the dispute is not an adversarial or a contested case hearing. The commissioner’s decision may be appealed as provided in subsection (1).