10-1-1018. Referral of complaint to state attorney general. (1) A complaint that could not be successfully resolved pursuant to 10-1-1016 must be referred by the department to the state attorney general if the complainant requests the referral pursuant to 10-1-1016(4).
(2) (a) Except as provided in subsection (2)(b), if the state attorney general is satisfied that the complaint has merit, the state attorney general may file a lawsuit on behalf of and act as an attorney for the complainant in seeking relief for the complainant.
(b) (i) Except as provided in subsection (2)(b)(ii), if the complaint is against a state agency, as defined in 2-15-102, notwithstanding an arrangement for the provision of legal services to the agency by the department of justice, the agency shall provide or obtain counsel for the agency.
(ii) If the complaint is against the department of justice, the department of administration, notwithstanding an arrangement for the provision of legal services to the department of administration by the department of justice, shall provide or obtain counsel for the department of justice.
(3) If the state attorney general sues pursuant to this section, fees or court costs may not be assessed against the complainant.
History: En. Sec. 13, 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