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Rule: 24.16.7506 Prev     Up     Next    
Rule Title: DEFINITIONS
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Department: LABOR AND INDUSTRY
Chapter: WAGES AND HOURS
Subchapter: Wage Claims
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.16.7506    DEFINITIONS

As used in this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise:

(1) "Adverse decision" means a decision by the department that is not favorable to the party requesting review.

(2) "Claim" or "complaint" means:

(a) a complaint alleging non-compliance with a statute or administrative rule under the jurisdiction of the department;

(b) a request for an audit of an employer's payroll records; or

(c) a field investigation by the department of an employer's payroll.

(3) "Commissioner" has the same meaning as provided by 2-15-1701, MCA.

(4) "Day" means a calendar day.

(5) "Department" has the same meaning as provided by 2-15-1701, MCA.

(6) "Determination" means a decision by the department on the merits of a claim, including the wages and penalty owed by the employer to the employee.

(7) "Employ" has the same meaning as provided by 39-3-201, MCA.

(8) "Employee" has the same meaning as provided by 39-3-201, MCA.

(9) "Employer" has the same meaning as provided by 39-3-201, MCA.

(10) "Hearing" means a contested case per Title 2, chapter 4, part 6, MCA.

(11) "Mediation" is the process described by 26-1-813, MCA.

(12) "Penalty" means the statutory penalty provided by 39-3-206, MCA, assessed by the department against the employer and paid to the employee in addition to any wages owed.

(13) "Redetermination" means an informal review by the department, based on new or additional information supplied by a party receiving an adverse determination.

(14) "Wages" has the same meaning as provided by 39-3-201, MCA.

 

History: 39-3-202, 39-3-403, MCA; IMP, 39-3-206, 39-3-209, 39-3-211, 39-3-216, 39-3-407, MCA; NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2004 MAR p. 77, Eff. 10/31/03; AMD, 2010 MAR p. 2841, Eff. 12/10/10; AMD, 2022 MAR p. 152, Eff. 1/29/22.


 

 
MAR Notices Effective From Effective To History Notes
24-16-379 1/29/2022 Current History: 39-3-202, 39-3-403, MCA; IMP, 39-3-206, 39-3-209, 39-3-211, 39-3-216, 39-3-407, MCA; NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2004 MAR p. 77, Eff. 10/31/03; AMD, 2010 MAR p. 2841, Eff. 12/10/10; AMD, 2022 MAR p. 152, Eff. 1/29/22.
24-16-248 12/10/2010 1/29/2022 History: 39-3-202, 39-3-403, MCA; IMP, 39-3-202, 39-3-216, 39-3-403, MCA; NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2004 MAR p. 77, Eff. 10/31/03; AMD, 2010 MAR p. 2841, Eff. 12/10/10.
10/31/2003 12/10/2010 History: 39-3-202 and 39-3-403 MCA; IMP, 39-3-202, 39-3-216 and 39-3-403 MCA; NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2004 MAR p. 77, Eff. 10/31/03.
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