Montana Code 37-1-302. Definitions
37-1-302. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 37-1-302
- Allegation: something that someone says happened.
- Board: means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121. See Montana Code 37-1-302
- Department: means the department of labor and industry. See Montana Code 37-1-302
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- License: means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration. See Montana Code 37-1-302
- occupation: means a profession or occupation regulated by a board. See Montana Code 37-1-302
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(1)”Board” means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121.
(2)”Complaint” means a written allegation filed with a board that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant.
(3)”Department” means the department of labor and industry.
(4)”Inspection” means the periodic examination of premises, equipment, or procedures or of a practitioner by the department to determine whether the practitioner’s profession or occupation is being conducted in a manner consistent with the public health, safety, and welfare.
(5)”Investigation” means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a written complaint or other information before a board, that is carried out for the purpose of determining:
(a)whether a person has violated a provision of law justifying discipline against the person;
(b)the status of compliance with a stipulation or order of the board;
(c)whether a license should be granted, denied, or conditionally issued; or
(d)whether a board should seek an injunction.
(6)”License” means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration.
(7)”Profession” or “occupation” means a profession or occupation regulated by a board.