Terms Used In Montana Code > Title 2 > Chapter 8 > Part 1 - Periodic Agency Evaluation

• account: means an account established with an account administrator in this state pursuant to 15-63-201. See Montana Code 15-63-102
• Account administrator: means :

  (a)a state or federally chartered bank, savings and loan association, credit union, or trust company;

  (b)a certified public accountant licensed to practice in this state pursuant to Title 37, chapter 50; or

  (c)the account holder. See Montana Code 15-63-102

• Account holder: means an individual who is a resident of this state and who establishes, individually or jointly, a first-time home buyer savings account. See Montana Code 15-63-102
• Adult-use dispensary: has the meaning provided in 16-12-102. See Montana Code 15-64-101
• Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive department of state government. See Montana Code 2-8-102
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Calendar quarter: means the period of 3 consecutive months ending March 31, June 30, September 30, or December 31. See Montana Code 15-67-101
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of revenue established in 2-15-1301. See Montana Code 15-67-101
• Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-64-101
• Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-64-1001
• Dispensary: means an adult-use dispensary or a medical marijuana dispensary. See Montana Code 15-64-101
• Eligible costs: means the downpayment and allowable closing costs for the purchase of a single-family residence in Montana by a first-time home buyer. See Montana Code 15-63-102
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• facility: means an intermediate care facility for the developmentally disabled licensed pursuant to 50-5-238 or an intermediate care facility for the intellectually disabled that is in compliance with the federal standards provided in 42 CFR, part 483, subpart I, for medicaid conditions of participation. See Montana Code 15-67-101
• fee: means the fee required to be paid for each resident bed day in an intermediate care facility, as provided in 15-67-102. See Montana Code 15-67-101
• Fiduciary: A trustee, executor, or administrator.
• First-time home buyer: means an individual who has never owned or purchased under contract for deed, either individually or jointly, a single-family residence in Montana or out-of-state. See Montana Code 15-63-102
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Licensee: means a licensee operating an adult-use dispensary or a medical marijuana dispensary. See Montana Code 15-64-101
• Marijuana: has the meaning provided in 16-12-102. See Montana Code 15-64-101
• Marijuana product: has the meaning provided in 16-12-102. See Montana Code 15-64-101
• Medical marijuana dispensary: has the meaning provided in 16-12-102. See Montana Code 15-64-101
• Opioid: has the meaning provided for "opiate" in 50-32-101. See Montana Code 15-64-1001
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Performance audit: means an examination of the effectiveness of administration and its efficiency and adequacy in terms of the program of a state agency authorized by law to be performed and the conformance of expenditures with legislative intent. See Montana Code 2-8-102
• Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed. See Montana Code 15-64-101
• Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed, who is a wholesaler licensed by the board of pharmacy and who is a distributor of opioids. See Montana Code 15-64-1001
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Program: means any legislatively or administratively created function, project, or duty of an agency. See Montana Code 2-8-102
• Property: means real and personal property. See Montana Code 1-1-205
• Quarterly revenue: means all revenue received during a calendar quarter by a facility operating in Montana for providing for client care. See Montana Code 15-67-101
• Report: means the report of resident bed days required in 15-67-201. See Montana Code 15-67-101
• Resident: means an individual obtaining care in an intermediate care facility. See Montana Code 15-67-101
• Resident bed day: means each 24-hour period that a resident in an intermediate care facility is present in the facility and receiving care or in which a bed is held for a resident while the resident is on temporary leave from the facility. See Montana Code 15-67-101
• Retail price: means the established price for which an adult-use dispensary or medical marijuana dispensary sells marijuana or a marijuana product to a purchaser before any discount or reduction. See Montana Code 15-64-101
• Several: means two or more. See Montana Code 1-1-201
• Single-family residence: means an owner-occupied residence in Montana, including a manufactured home, trailer, or mobile home, that is an improvement to real property or a condominium unit that is owned by or that has been purchased under contract for deed by a person, individually or jointly. See Montana Code 15-63-102
• 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
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203