24.16.4001    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) "Day" means a calendar day.

(4) "Determination" means a decision by the department on the merits of a claim, providing the amount of wages and penalty owed by an employer to an employee.

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

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

(7) "Penalty" means the statutory penalty provided by 18-2-407 and 39-3-206, MCA, assessed by the department against the employer and paid to the employee in addition to any wages owed.

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

(9) "Send" or "sent" means the department's method of providing an official decision, determination, redetermination, or other notification to an affected person, party, or entity, and includes but is not limited to regular, certified, or electronic mail, or personal service.

History: 18-2-409, 18-2-431, 39-3-202, 39-3-403, MCA; IMP, 2-4-603, 18-2-407, 18-2-409, 18-2-423, 18-2-424, 39-3-206, 39-3-207, 39-3-209, 39-3-210, 39-3-211, 39-3-216, 39-3-407, MCA; NEW, 2022 MAR p. 152, Eff. 1/29/22.