Montana Code 10-1-1019. Independent lawsuit not precluded — exhaustion of administrative remedies
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10-1-1019. Independent lawsuit not precluded — exhaustion of administrative remedies. Nothing in this part may be construed as infringing on a person‘s right to file an independent lawsuit to seek relief as a private party from an alleged violation of this part. However, if a person files a complaint with the department as provided in 10-1-1015, the person must have exhausted the administrative remedies available under 10-1-1016 before having standing to initiate an independent lawsuit.
Terms Used In Montana Code 10-1-1019
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the department of labor and industry established in 2-15-1701. See Montana Code 10-1-1003
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201