Montana Code 39-8-401. Disclosure of information
39-8-401. Disclosure of information. (1) The department may not disclose to any person the records, statements, or documents received from an applicant, client, or professional employer organization or group, except:
Terms Used In Montana Code 39-8-401
- Applicant: means a person that seeks to be licensed under this chapter. See Montana Code 39-8-102
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
(a)information necessary for public employees in the performance of their public duties; or
(b)in response to an order received by a court of competent jurisdiction upon a finding that the disclosure of the record, statement, or document is necessary because the merits of disclosure clearly exceed the demand for individual privacy.
(2)The department may publish or make available to the public reasonable statistical data or reports regarding professional employer organizations or groups if the data or reports protect the identity of an applicant, client, or professional employer organization or group.