10-1-1020. Jurisdiction -- venue -- standing -- respondent -- time limit -- expedited hearing. In any lawsuit initiated pursuant to this part:
(1) the lawsuit must be brought in the district court in the county in which the claimant's employer maintains a place of business;
(2) the lawsuit may be initiated only by a person claiming a right or benefit under this part or by the state attorney general as provided in 10-1-1018;
(3) only an employer may be a necessary party respondent;
(4) the lawsuit must be commenced within 3 years of when the claimant can reasonably be expected to have discovered the facts constituting a violation of the claimant's rights or benefits pursuant to this part; and
(5) the court shall order a speedy hearing and shall advance the case on the court's calendar.
History: En. Sec. 15, 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