Sections
Part 1 Nature of Self-Government Local Governments § 7-1-101 – § 7-1-120
Part 2 Boards § 7-1-201 – § 7-1-205
Part 21 Counties § 7-1-2101 – § 7-1-2123
Part 40 Payment of Construction Contractors and Subcontractors § 7-1-4001
Part 41 Municipalities § 7-1-4101 – § 7-1-4152

Terms Used In Montana Code > Title 7 > Chapter 1

  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Alarm response runner: means an individual employed by an electronic security company, a contract security company, or a proprietary security organization to respond to security alarm system signals. See Montana Code 37-60-101
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appraisal: means the practice of developing an opinion of the value of real property in conformance with the uniform standards of professional appraisal practice as developed by the appraisal foundation. See Montana Code 37-54-102
  • Appraisal: A determination of property value.
  • Appraisal foundation: means the appraisal foundation incorporated as a not-for-profit corporation on November 30, 1987, pursuant to Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U. See Montana Code 37-54-102
  • Appraisal management company: means , in connection with valuation of properties collateralizing mortgage loans or mortgages incorporated into a securitization, an external third party, authorized either by a creditor of a consumer credit transaction secured by a consumer's principal dwelling or by an underwriter of or other principal in the secondary mortgage markets, that oversees a network or panel of more than 15 certified or licensed appraisers in this state or 25 or more nationally within a given year. See Montana Code 37-54-102
  • Appraisal management services: means the direct or indirect performance of any of the following functions on behalf of a lender, financial institution, client, or other person in conjunction with a consumer credit transaction that is secured by a consumer's principal dwelling:

    (a) administering an appraiser panel;

    (b) recruiting, retaining, or selecting appraisers to be part of an appraisal panel;

    (c) qualifying and verifying licensing or certification, negotiating fees, and verifying service level expectations with appraisers who are part of an appraiser panel;

    (d) contracting with appraisers from the appraiser panel to perform appraisal assignments;

    (e) receiving an order for an appraisal assignment from one person and delivering the order for the appraisal assignment to an appraiser who is part of an appraiser panel for completion;

    (f) managing the process of having an appraisal assignment performed, including performing administrative duties such as receiving appraisal assignment orders and reports, submitting completed appraisal reports to creditors and underwriters, collecting fees from creditors and underwriters for services provided, and reimbursing appraisers for services performed;

    (g) tracking and determining the status of orders for appraisal assignments;

    (h) conducting quality control examinations of a completed appraisal assignment prior to the delivery of the appraisal report to a client who ordered the appraisal assignment; and

    (i) providing a completed appraisal report performed by an appraiser to one or more clients. See Montana Code 37-54-102

  • Appraisal review: means the act or process of developing and communicating an opinion about the quality of another appraiser's work that was performed as part of an appraisal assignment. See Montana Code 37-54-102
  • Appraiser: means an individual who holds a license or certification to complete an appraisal assignment in the state where the real property that is the subject of the appraisal assignment is located. See Montana Code 37-54-102
  • Appraiser panel: means a network of licensed or certified appraisers who are independent contractors with respect to an appraisal management company and who have:

    (a) responded to an invitation, request, or solicitation from an appraisal management company to:

    (i) perform an appraisal assignment for a client that has ordered an appraisal assignment through the appraisal management company; or

    (ii) perform appraisal assignments for the appraisal management company directly as requested and assigned by the appraisal management company; and

    (b) been selected and approved by an appraisal management company to perform appraisal assignments for any client of the company that has ordered an appraisal assignment through the company or to perform appraisal assignments for the appraisal management company directly on a periodic basis as assigned by the appraisal management company. See Montana Code 37-54-102

  • 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
  • Armed: means an individual who at any time wears, carries, or possesses a firearm in the performance of professional duties. See Montana Code 37-60-101
  • Armed carrier service: means any person or security company who transports or offers to transport under armed private security guard from one place to another any currency, documents, papers, maps, stocks, bonds, checks, or other items of value that require expeditious delivery. See Montana Code 37-60-101
  • Armed private security guard: means an individual employed by a contract security company or a proprietary security organization whose duty or any portion of whose duty is that of a security guard, armored car service guard, or carrier service guard and who at any time wears or carries a firearm in the performance of the individual's duties. See Montana Code 37-60-101
  • Armored car service: means any person or security company who transports or offers to transport under armed private security guard from one place to another any currency, jewels, stocks, bonds, paintings, or other valuables of any kind in a specially equipped motor vehicle that offers a high degree of security. See Montana Code 37-60-101
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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
  • Board: means the board of realty regulation provided for in 2-15-1757. See Montana Code 37-53-102
  • Board: means the board of real estate appraisers provided for in 2-15-1758. See Montana Code 37-54-102
  • Board: means the board of private security provided for in 2-15-1781. See Montana Code 37-60-101
  • Board: means the board of architects and landscape architects provided for in 2-15-1761. See Montana Code 37-66-103
  • Board: means the board of professional engineers and professional land surveyors provided for in 2-15-1763. See Montana Code 37-67-101
  • Board: means the board of sanitarians provided for in 2-15-1751. See Montana Code 37-40-101
  • Board: means the board of outfitters provided for in 2-15-1773. See Montana Code 37-47-101
  • Branch office: means any office of a licensee within the state, other than its principal place of business within the state. See Montana Code 37-60-101
  • Branch office: means any office or location where business is conducted that is not the headquarters, main office, home office, or other primary location of a sole proprietorship, firm, partnership, or corporation for purposes of regulation under 37-67-328. See Montana Code 37-67-101
  • Business entity: means any version of a proprietorship, partnership, corporation, or limited liability company. See Montana Code 37-47-101
  • Certified real estate appraiser: means a person who develops and communicates real estate appraisals and who has a valid real estate appraisal certificate issued under 37-54-305. See Montana Code 37-54-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Communication technology: means a real-time, two-way audiovisual electronic device or process that:

    (a) allows a notarial officer located in this state and a remotely located individual to communicate with each other simultaneously by sight and sound;

    (b) facilitates communication with a remotely located individual with a vision, hearing, or speech impairment when necessary under and consistent with applicable law; and

    (c) complies with this part and implementing rules. See Montana Code 1-5-602

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consideration: means something of value given or done in exchange for something of value given or done by another. See Montana Code 37-47-101
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract security company: means any person who undertakes to provide a private security guard, alarm response runner, armored car service, street patrol service, or armed carrier service on a contractual basis to another person who exercises no direction and control over the performance of the details of the services rendered. See Montana Code 37-60-101
  • Controlling person: means :

    (a) an owner, officer, or director of a corporation, partnership, or other business entity that offers appraisal management services in this state;

    (b) an individual employed, appointed, or authorized by an appraisal management company to enter into a contractual relationship with other persons for the performance of appraisal management services and to enter into agreements with appraisers for the performance of appraisal assignments; or

    (c) an individual who possesses directly or indirectly the power to direct or cause the direction of the management or policies of an appraisal management company. See Montana Code 37-54-102

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Customary: means according to usage. See Montana Code 1-1-206
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-54-102
  • Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-60-101
  • Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 37-66-103
  • Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 37-67-101
  • Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 37-40-101
  • Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 37-47-101
  • Dependent: A person dependent for support upon another.
  • Developer: means :

    (a) a person creating timeshares or engaged in the business of selling the person's own timeshares;

    (b) a person who controls, is controlled by, or is in common control with the person engaged in creating or selling timeshares; or

    (c) any successor, agent, or assignee of a person referred to in subsection (4)(a) or (4)(b). See Montana Code 37-53-102

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 1-5-602
  • Electronic notarization system: means a set of applications, programs, hardware, software, or technologies designed to enable a notary public to perform electronic notarizations that renders every electronic notarial act tamper-evident through the use of a security procedure and that meets the requirements of this part and implementing rules. See Montana Code 1-5-602
  • Electronic security company: means a person who sells, installs, services, or maintains a security alarm system and who undertakes to hire, employ, and provide alarm response runners and security alarm installers on a contractual basis to another person who does not exercise direction and control over the performance of the services rendered. See Montana Code 37-60-101
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emergency: means an unforeseen combination of circumstances or the resulting state that calls for immediate action. See Montana Code 37-47-101
  • Engineer intern: means a person who complies with the requirements for education, experience, and character and has passed an examination in the fundamental engineering subjects, as provided in this chapter. See Montana Code 37-67-101
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Expenses: means expenditures, fees, charges, or liabilities, including any allocations to reserves:

    (i) incurred, with respect to timeshare intervals or units, by or on behalf of all timeshare owners in one timeshare property; and

    (ii) imposed on the timeshare intervals or units by the entity governing the project of which the timeshare intervals or units are a part. See Montana Code 37-53-102

  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Firearms instructor: means an individual who has been approved by the board to instruct firearms courses in the use of weapons. See Montana Code 37-60-101
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • 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.
  • Guide: means a person who is employed by or who has contracted independently with a licensed outfitter and who accompanies a participant during outdoor recreational activities that are directly related to activities for which the outfitter is licensed. See Montana Code 37-47-101
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insurance adjuster: means a person employed by an insurance company, other than a private investigator, who for any consideration conducts investigations in the course of adjusting or otherwise participating in the disposal of any claims in connection with a policy of insurance but who does not perform surveillance activities or investigate crimes against the United States or any state or territory of the United States. See Montana Code 37-60-101
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • 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.
  • 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
  • Land surveyor intern: means a person who has qualified for, taken, and passed an examination on the basic disciplines of land surveying, as provided in this chapter. See Montana Code 37-67-101
  • Landscape architect: means a person who holds a license to practice landscape architecture in the state of Montana under the provisions of this chapter. See Montana Code 37-66-103
  • Landscape architecture: means performing services in conjunction with all aspects of the planning and design of the exterior environment for human use and environmental protection. See Montana Code 37-66-103
  • 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
  • legal assistant: means a person qualified through education, training, or work experience to perform substantive legal work that requires knowledge of legal concepts and that is customarily but not exclusively performed by a lawyer and who may be retained or employed by one or more lawyers, law offices, governmental agencies, or other entities or who may be authorized by administrative, statutory, or court authority to perform this work. See Montana Code 37-60-101
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License year: means the period indicated on the face of the license for which the license is valid. See Montana Code 37-47-101
  • Licensed real estate appraisal trainee: means a person authorized only to assist a certified real estate appraiser in the performance of an appraisal assignment. See Montana Code 37-54-102
  • Licensed real estate appraiser: means a person who holds a current valid real estate appraiser license issued under 37-54-201. See Montana Code 37-54-102
  • Licensee: means a person licensed under this chapter. See Montana Code 37-60-101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Managing entity: means a person hired by the timeshare association or developer to manage the timeshare plan or the timeshare property. See Montana Code 37-53-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • NCHU: means the number of clients authorized to be served by an outfitter on private and state land and on any federal land where an outfitter's use of the federal land is not limited by some means other than NCHU. See Montana Code 37-47-101
  • Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Montana Code 1-5-602
  • Notarial officer: means a notary public or other individual authorized to perform notarial acts. See Montana Code 1-5-602
  • notary: means an individual commissioned to perform a notarial act by the secretary of state. See Montana Code 1-5-602
  • Oath: includes an affirmation or declaration. See Montana Code 1-1-201
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • offering: means an inducement, solicitation, or attempt to encourage a person to acquire a timeshare interest. See Montana Code 37-53-102
  • Oral examination: means an examination in the presence of the jury or tribunal that is to decide the fact or act upon it or the spoken testimony of the witness being heard by the jury or tribunal. See Montana Code 1-1-202
  • Outfitter: means any person, except a person providing services on real property that the person owns for the primary pursuit of bona fide agricultural interests, who for consideration provides any saddle or pack animal, facilities, camping equipment, vehicle, watercraft, or other conveyance, or personal service for any person to hunt, trap, capture, take, kill, or pursue any game, including fish, and who accompanies that person, either part or all of the way, on an expedition for any of these purposes or supervises a licensed guide or outfitter's assistant in accompanying that person. See Montana Code 37-47-101
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Participant: means a person using the services offered by a licensed outfitter. See Montana Code 37-47-101
  • 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.
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • Person: means a natural person, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity. See Montana Code 37-53-102
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Person: means an individual, firm, partnership, association, corporation, or other business entity. See Montana Code 37-54-102
  • Person: means an individual, firm, company, association, organization, partnership, or corporation. See Montana Code 37-60-101
  • Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Political subdivision: means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school district. See Montana Code 2-16-602
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Practice of engineering: means :

    (i) any service or creative work the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to the services or creative work as consultation, investigation, evaluation, planning and design of engineering works and systems, planning the use of water, teaching of advanced engineering subjects, engineering surveys, and the inspection of construction for the purpose of ensuring compliance with drawings and specifications;

    (ii) any of the functions described in subsection (7)(a)(i) that embrace the services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products or equipment of mechanical, electrical, hydraulic, pneumatic, or thermal nature insofar as they involve safeguarding life, health, or property. See Montana Code 37-67-101

  • Practice of land surveying: means any service or work, the performance of which requires the application of special knowledge of the principles of mathematics, physical sciences, applied sciences, and:

    (a) the principles of property boundary law to the recovery and preservation of evidence pertaining to earlier land surveys;

    (b) teaching of land surveying subjects;

    (c) measurement and allocation of lines, angles, elevations, and coordinate systems;

    (d) location of natural and constructed features in the air, on the surface of the earth, within underground workings, and on the beds of bodies of water, including work for the determination of areas and volumes;

    (e) monumenting of property boundaries;

    (f) platting and layout of lands and the subdivisions of land, including the alignment and grades of streets and roads in subdivisions;

    (g) preparation and perpetuation of maps, plats, field note records, and property descriptions; and

    (h) locating, relocating, establishing, reestablishing, laying out, or retracing of any property line or boundary of any tract of land or road, right-of-way, easement, right-of-way easement, alignment, or elevation of any of the fixed works embraced within the practice of engineering. See Montana Code 37-67-101

  • Practice the profession of sanitarian: means :

    (a) giving advice on or enforcing compliance with state and local regulations applicable to local government jurisdictions and programs concerning food service, food processing, public accommodations, trailer courts, campgrounds, day-care centers, schools, swimming pools and spas, air pollution, solid and hazardous waste collection and disposal, sewage treatment and disposal, vector control, underground storage tanks, drinking water, land subdivision, and milk sanitation;

    (b) cooperating with government agencies on matters of public and environmental health, including epidemiological investigations and emergency response to investigations; and

    (c) providing educational and training programs in environmental standards and public health. See Montana Code 37-40-101

  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Principal: means :

    (a) an individual whose signature is notarized; or

    (b) an individual taking an oath or affirmation from the notary public but not in the capacity of a credible or other witness for the notarial act. See Montana Code 1-5-602

  • Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
  • Private investigator: means a person other than an insurance adjuster who for any consideration makes or agrees to make any investigation with reference to:

    (a) crimes against the United States or any state or territory of the United States;

    (b) the identity, habits, conduct, business, occupation, honesty, integrity, trustworthiness, efficiency, loyalty, activity, movement, location, affiliations, associations, transactions, reputation, or character of any person;

    (c) the location, disposition, or recovery of lost or stolen property;

    (d) the cause or responsibility for fires, libels, losses, accidents, or injury to persons or property; or

    (e) gathering evidence to be used before any court, board, officer, or investigating committee. See Montana Code 37-60-101

  • Private security guard: means an individual employed or assigned duties to protect a person or property or both a person and property from criminal acts and whose duties or any portion of whose duties include but are not limited to the prevention of unlawful entry, theft, criminal mischief, arson, or trespass on private property or the direction of the movements of the public in public areas. See Montana Code 37-60-101
  • Probate: Proving a will
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Process server: means a person described in 25-1-1101(1). See Montana Code 37-60-101
  • Professional engineer: means a person who, by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design acquired by engineering education and engineering experience, is qualified to practice engineering and who has been licensed as a professional engineer by the board. See Montana Code 37-67-101
  • Professional land surveyor: means a person who:

    (a) has been licensed as a land surveyor by the board;

    (b) is a professional specialist in the technique, analysis, and application of measuring land;

    (c) is skilled and educated in the principles of mathematically related physical and applied sciences, relevant requirements of law for adequate evidence, and all requisites to the surveying of real property; and

    (d) is engaged in the practice of land surveying. See Montana Code 37-67-101

  • Project: means the real property or real estate, which must contain more than one unit, in which timeshares are created by a single instrument or set of instruments. See Montana Code 37-53-102
  • Promoter: means any person who induces, solicits, or encourages another person to review or acquire a timeshare interval. See Montana Code 37-53-102
  • Property: means real and personal property. See Montana Code 1-1-205
  • Proprietary security organization: means any person who employs a private security guard, alarm response runner, armored car service, street patrol service, or armed carrier service on a routine basis solely for the purposes of that person and exerts direction and control over the performance of the details of the service rendered. See Montana Code 37-60-101
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public offering statement: means the written statement required by 37-53-303. See Montana Code 37-53-102
  • Purchaser: means a person, other than a developer, who by means of a voluntary transfer acquires a legal or equitable interest in a timeshare, other than as security for an obligation. See Montana Code 37-53-102
  • Quality control examination: means an examination of an appraisal report for completeness, including grammatical, mathematical, and typographical errors. See Montana Code 37-54-102
  • Quorum: The number of legislators that must be present to do business.
  • Real estate: means real estate as defined in 37-51-102. See Montana Code 37-53-102
  • Real estate appraiser mentor: means a certified real estate appraiser who meets the qualifications set by the board and is approved by the board to supervise licensed real estate appraisal trainees. See Montana Code 37-54-102
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 1-5-602
  • Registered sanitarian: means a sanitarian licensed under this chapter. See Montana Code 37-40-101
  • Resident manager: means the person appointed to exercise direct supervision, control, charge, management, or operation of each office located in this state where the business of the licensee is conducted. See Montana Code 37-60-101
  • Responsible charge: means direct charge and control and personal supervision either of engineering work or of land surveying. See Montana Code 37-67-101
  • Sanitarian-in-training: means a person who meets the minimum educational qualifications required for a sanitarian's license and who works under the supervision of a licensed sanitarian. See Montana Code 37-40-101
  • Security alarm installer: means an individual who sells, installs, services, or maintains security alarm systems to detect and signal unauthorized intrusion, movement, break-in, or criminal acts and is employed by an electronic security company. See Montana Code 37-60-101
  • Security alarm system: means an assembly of equipment and devices or a single device or a portion of a system intended to detect or signal or to both detect and signal unauthorized intrusion, movement, or criminal acts at a location. See Montana Code 37-60-101
  • Security company: means an electronic security company, a proprietary security organization, or a contract security company. See Montana Code 37-60-101
  • sell: includes each contract of sale of, contract to sell, or disposition of a timeshare for value. See Montana Code 37-53-102
  • seller agent: as used in this chapter , are defined in 37-51-102 and are not related to the term "agent" as used elsewhere in state law. See Montana Code 37-51-313
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sign: means , with present intent to authenticate or adopt a record:

    (a) to execute or adopt a tangible symbol; or

    (b) to attach to or logically associate with the record an electronic symbol, sound, or process. See Montana Code 1-5-602

  • State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 1-5-602
  • State-district: means a public service commission district, a legislative representative or senatorial district, or a judicial district. See Montana Code 2-16-602
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Street patrol service: means a person providing patrols by means of foot, vehicle, or other method of transportation using public streets, thoroughfares, or property in the performance of the person's duties and responsibilities. See Montana Code 37-60-101
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Timeshare instrument: means one or more documents, by whatever name denominated, creating or regulating timeshares. See Montana Code 37-53-102
  • timeshare interest: means the right, however evidenced or documented, to use and occupy one or more timeshare units on a periodic basis according to an arrangement allocating the use and occupancy rights between similar users. See Montana Code 37-53-102
  • Timeshare owner: means a person, other than a developer, who is an owner or co-owner of a timeshare. See Montana Code 37-53-102
  • Timeshare salesperson: means a person who for a salary, commission, or compensation of any kind is associated with a timeshare development to sell, purchase, or negotiate for sale, purchase, lease, or exchange of the timeshare interests in real estate and who, on behalf of a developer, sells or offers to sell a timeshare to a purchaser. See Montana Code 37-53-102
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • unit: means the real property or portion of real property in which the timeshare interval exists or will exist, including campgrounds, campsites, and outdoor recreation sites with spaces designed or promoted for the purpose of locating a trailer, tent, tent trailer, camper, or similar device for land-based portable housing. See Montana Code 37-53-102
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
  • Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
  • Writing: includes printing. See Montana Code 1-1-203