10-1-1016. Assistance, investigation, and enforcement of complaints. (1) The department shall provide assistance to any person with respect to the employment rights and benefits to which the person is entitled pursuant to this part. The department may request the assistance of federal or state agencies engaged in similar or related activities and utilize the assistance of volunteers.
(2) The department shall investigate each complaint submitted pursuant to 10-1-1015. The department shall initiate the investigation within 30 days of receiving the complaint. Within 60 days of receiving the complaint, the department shall make a finding about whether a violation of rights or benefits provided in this part has occurred or is about to occur and shall notify the complainant and the employer in writing of the finding.
(3) If the department's investigation finds that a violation of this part has occurred or is about to occur, the department shall attempt to resolve the matter by making a reasonable effort, including conference, conciliation, and persuasion, to provide redress to the complainant and ensure that the employer named in the complaint complies with the provisions of this part.
(4) If the department fails to resolve the matter within 90 days of receiving the complaint, the department shall notify the complainant of the complainant's right to request that the department refer the complaint to the state attorney general under the provisions of 10-1-1018.
History: En. Sec. 11, Ch. 381, L. 2005.
Structure Montana Code Annotated
Title 10. Military Affairs and Disaster and Emergency Services
Part 10. Montana Military Service Employment Rights
10-1-1002. Purpose -- legislative intent
10-1-1004. Rights under federal law
10-1-1005. Prohibition against employment discrimination
10-1-1006. Entitlement to leave of absence
10-1-1007. Right to return to employment without loss of benefits -- exceptions -- definition
10-1-1008. Leave of absence for elected officials -- restoration to office
10-1-1009. Paid military leave for public employees
10-1-1010. Appointment of acting officials
10-1-1011. through 10-1-1014 reserved
10-1-1015. Procedure for filing complaint
10-1-1016. Assistance, investigation, and enforcement of complaints
10-1-1017. Enforcement and investigative powers of department
10-1-1018. Referral of complaint to state attorney general
10-1-1019. Independent lawsuit not precluded -- exhaustion of administrative remedies
10-1-1020. Jurisdiction -- venue -- standing -- respondent -- time limit -- expedited hearing
10-1-1022. Special revenue account for payment to claimants