Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.8 - HUMAN RIGHTS BUREAU
Subchapter 24.8.1 - Organizational Rules
Rule 24.8.103 - DEFINITIONS
Current through Register Vol. 6, March 22, 2024
The following definitions apply throughout this chapter:
(1) "Act" means the Human Rights Act, Title 49, chapter 2, MCA.
(2) "Aggrieved party" means a person who can demonstrate a specific personal and legal interest, as distinguished from a general interest, and who has been specially and injuriously affected by, or is likely to be a victim of a violation of the act or code, as defined in 49-2-101, MCA.
(3) "Charging party" means a person who files a discrimination complaint with the Human Rights Bureau or a federal agency with whom the Human Rights Bureau has a work-sharing agreement.
(4) "Code" means the Governmental Code of Fair Practices,
Title 49, chapter 3, MCA.
(5) "Commission" means the Human Rights Commission, a quasi-judicial board as established by 2-15-1706, MCA.
(6) "Commissioner" means the commissioner of the Department of Labor and Industry.
(7) "Contested case" means proceedings before the Hearings Bureau to determine the legal rights, duties, and privileges of the parties.
(8) "Department" means the Department of Labor and Industry.
(9) "Hearing officer" means an administrative law judge appointed by the Office of Administrative Hearings to preside over contested case proceedings.
(10) "Office of Administrative Hearings" means the organizational unit of the department that conducts contested case proceedings after the Human Rights Bureau has issued a reasonable cause finding on a complaint of discrimination.
(11) "Human Rights Bureau" means the organizational unit of the department that informally investigates and seeks resolution to complaints of unlawful discrimination.
(12) "Notice of dismissal and right to sue" means a document provided to the charging party by the Human Rights Bureau indicating that charging party has completed the department's administrative process and can file a discrimination action in district court pursuant to 49-2-511, MCA.
(13) "Reasonable cause" means that based on an informal investigation a preponderance of the evidence supports a finding of unlawful discrimination.
(14) "Respondent" means any person against whom a complaint is filed.
49-2-204, 49-3-106, MCA; IMP, Title 49, ch. 2 and ch. 3, MCA;
