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24.16.7506    DEFINITIONS

(1) "Adverse decision" means a decision by the department that is not favorable to the party who wishes to have the decision reviewed.

(2) "Commissioner" means the commissioner of labor, and has the same meaning as provided by 39-3-201, MCA.

(3) "Day" means a calendar day.

(4) "Department" means the Department of Labor and Industry, and has the same meaning as provided by 39-3-201, MCA.

(5) "Determination" means a decision by the department as to the merits of a claim, which states the amount of wages and penalty (if any) is owed by the employer to the employee.

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

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

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

(9) "Formal hearing" means a contested case, held by a department hearing officer, pursuant to Title 2, chapter 4, part 6, MCA.

(10) "Mediation" as used in these rules is the process described by 26-1-813, MCA.

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

(12) "Redetermination" means an informal review by the department, based upon new or additional information supplied by a party who has received an adverse determination.

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

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.

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