Montana Code 37-1-402. Unprofessional conduct — complaint — investigation — immunity
37-1-402. Unprofessional conduct — complaint — investigation — immunity. (1) A person, government, or private entity may submit a written complaint to the department charging a licensee or license applicant with a violation of this part and specifying the grounds for the complaint.
Terms Used In Montana Code 37-1-402
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means a written allegation filed with the department that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant. See Montana Code 37-1-401
- Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-1-401
- Investigation: means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a complaint or other information before the department, 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 department;
(c)whether a license should be granted, denied, or conditionally issued; or
(d)whether the department should seek an injunction. 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)If the department receives a written complaint or otherwise obtains information that a licensee or license applicant may have violated a requirement of this part, the department may investigate to determine whether there is reasonable cause to believe that the licensee or license applicant has committed the violation. However, if the written complaint or information that a licensee or license applicant may have violated a requirement of this part is based on the licensee or license applicant’s exercise of rights protected under the free exercise clause or the free speech clause of the Montana constitution or the United States constitution, then the investigation of the licensee or license applicant must cease immediately and the complaint must be dismissed.
(3)A person or private entity, but not a government entity, filing a complaint under this section in good faith is immune from suit in a civil action related to the filing or contents of the complaint.