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24.8.103    DEFINITIONS

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 department or a federal agency with whom the department 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) "Notice of dismissal and right to sue" means a document which terminates the jurisdiction of the department over a complaint under the Act or Code and which allows a charging party or aggrieved party to file a discrimination action in district court.

(8) "Reasonable cause" means that a preponderance of the evidence supports a finding of unlawful discrimination. A finding of "reasonable cause" is equivalent to "merit" as provided in 49-2-504 , MCA.

(9) "Respondent" means any person against whom a complaint is filed.

History: 49-2-204, MCA; IMP, Title 49, ch. 2, MCA; NEW, 2002 MAR p. 2908, Eff. 10/18/02.

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