Montana Code 39-8-305. Investigations — audits — reviews
39-8-305. Investigations — audits — reviews. (1) The department or its agent may perform an investigation, audit, or review necessary to determine whether a person has violated any provision of this chapter or any rule promulgated by the department to implement this chapter.
Terms Used In Montana Code 39-8-305
- Client: means a person that obtains all or part of the person's workforce from another person through a professional employer arrangement. See Montana Code 39-8-102
- Department: means the department of labor and industry. See Montana Code 39-8-102
- group: means at least two but not more than five professional employer organizations, each of which is majority-owned by the same person. See Montana Code 39-8-102
- Person: means an individual, association, company, firm, partnership, corporation, or limited liability company. See Montana Code 39-8-102
- Professional employer organization: means :
(i)a person that provides services of employees pursuant to one or more professional employer arrangements or to one or more employee leasing arrangements; or
(ii)a person that represents to the public that the person provides services pursuant to a professional employer arrangement. See Montana Code 39-8-102
(2)Except as provided in subsection (3), material compiled by the department or its agent in an investigation, audit, or review pursuant to this section is a public record and may be disclosed.
(3)Financial information, client lists, and lists of workers that are assigned by a professional employer organization or group and that are obtained by the department or its agent during an investigation, audit, or review are confidential and may not be published or be open to public inspection, except to public employees in the performance of their public duties.