2-15-2015. Workers’ compensation fraud investigation and prosecution office. (1) There is a workers’ compensation fraud investigation and prosecution office in the department of justice. The office shall investigate and prosecute cases referred by the state compensation insurance fund or the department of labor and industry on behalf of the uninsured employers’ fund. The office is under the supervision and control of the attorney general and consists of:

Terms Used In Montana Code 2-15-2015

  • Department: means a principal functional and administrative entity that:

    (a)is created by this chapter within the executive branch of state government;

    (b)is one of the 20 principal departments permitted under the constitution; and

    (c)includes its units. See Montana Code 2-15-102

  • Fraud: Intentional deception resulting in injury to another.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • 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

(a)one or more investigators qualified by education, training, experience, and high professional competence in investigative procedures who shall investigate violations of the provisions of Title 39, chapter 71, at the request of the state compensation insurance fund or the department of labor and industry on behalf of the uninsured employers’ fund; and

(b)one or more attorneys licensed to practice law in Montana who shall prosecute violations of the provisions of Title 39, chapter 71. The attorneys may also assist county attorneys in prosecuting violations of Title 39, chapter 71, without charge to the county.

(2)The state compensation insurance fund, the department of labor and industry, and the department of justice shall submit to the legislature for approval one proposed biennial budget for the workers’ compensation fraud office. The proposed budget for staffing and related expenses must be based upon the needs of the state compensation insurance fund and the department of labor and industry on behalf of the uninsured employers’ fund for investigating and prosecuting workers’ compensation fraud.