reglab/housing_qa huggingface dataset:
MT Code § 39-71-2361 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 23. Compensation Plan Number Three|39-71-2361. Legislative audit of state fund

  39-71-2361. Legislative audit of state fund. The legislative auditor shall annually conduct or have conducted by persons appointed under 5-13-305 a financial and compliance audit of the state fund, including its operations relating to claims for injuries resulting from accidents that occurred before July 1, 1990. The audit must include evaluations of the amounts reserved. The evaluations may be conducted by persons appointed under 5-13-305. Audit and evaluation costs are an expense of and must be paid by the state fund and must be allocated between those claims for injuries resulting from accidents that occurred before July 1, 1990, and those claims for injuries resulting from accidents that occur on or after that date.   History: En. Sec. 5, Ch. 4, Sp. L. May 1990; amd. Sec. 27, Ch. 167, L. 2011; amd. Sec. 20, Ch. 320, L. 2015.
MT Code § 39-71-2362 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 23. Compensation Plan Number Three|39-71-2362. Repealed

  39-71-2362. Repealed. Sec. 22, Ch. 320, L. 2015.   History: En. Sec. 8, Ch. 630, L. 1993.
MT Code § 39-71-2363 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 23. Compensation Plan Number Three|39-71-2363. Agency law -- annual report

  39-71-2363. Agency law -- annual report. (1) The state fund is subject to state laws applying to state agencies, except as otherwise provided by law, and it is exempt from the provisions of The Legislative Finance Act in Title 5, chapter 12, and the provisions of Title 17, chapter 7, parts 1 through 4. The state fund may use the debt collection procedures provided in Title 17, chapter 4, part 1.   (2) (a) Except as provided in 2-15-2015, the executive director shall annually submit to the board for its approval an estimated budget of the entire expense of administering the state fund for the succeeding fiscal year, with due regard to the business interests and contract obligations of the state fund. A copy of the approved budget must be delivered to the governor and the legislature.   (b) Dividends may not be included as administrative expenditures as provided in subsection (2)(a) but are a disbursement of excess surplus pursuant to 39-71-2323 after a determination by the state fund of income from operations.   (3) The board shall submit an annual financial report to the governor and to the legislature as provided in 5-11-210, indicating the business done by the state fund during the previous year and containing a statement of the estimated liabilities of the state fund as determined by an independent actuary.   History: En. Sec. 9, Ch. 630, L. 1993; amd. Sec. 4, Ch. 424, L. 1995; amd. Sec. 25, Ch. 276, L. 1997; amd. Sec. 52, Ch. 7, L. 2001; amd. Sec. 10, Ch. 314, L. 2001; amd. Sec. 12, Ch. 120, L. 2013; amd. Sec. 21, Ch. 320, L. 2015.
MT Code § 39-71-2364 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 23. Compensation Plan Number Three|39-71-2364. through 39-71-2369 reserved

  39-71-2364 through 39-71-2369 reserved.
MT Code § 39-71-2370 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 23. Compensation Plan Number Three|39-71-2370. Claims expenditures codes

  39-71-2370. Claims expenditures codes. The state fund shall continually review its claims expenditure coding structure to separately account for claims and administrative expenses. If a review demonstrates a compelling need for expenditure information that is not available, the state fund shall expand or modify its claims expenditure coding structure.   History: En. Sec. 20, Ch. 555, L. 1993; Sec. 39-71-226, MCA 2003; redes. 39-71-2370 by Sec. 11, Ch. 26, L. 2005.
MT Code § 39-71-2371 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 23. Compensation Plan Number Three|39-71-2371. through 39-71-2374 reserved

  39-71-2371 through 39-71-2374 reserved.
MT Code § 39-71-2401 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 24. Mediation|39-71-2401. Disputes -- jurisdiction -- settlement requirements -- mediation

  39-71-2401. Disputes -- jurisdiction -- settlement requirements -- mediation. (1) A dispute concerning benefits arising under this chapter, other than the disputes described in subsection (2), must be brought before a department mediator as provided in this part. If a dispute still exists after the parties satisfy the mediation requirements in this part, either party may petition the workers' compensation court for a resolution.   (2) A dispute arising under this chapter that does not concern benefits or a dispute for which a specific provision of this chapter gives the department jurisdiction must be brought before the department.   (3) An appeal from a department order may be made to the workers' compensation court.   (4) Except as otherwise provided in this chapter, before a party may bring a dispute concerning benefits before a mediator, the parties shall attempt to settle as follows:   (a) The party making a demand shall present the other party with a specific written demand that contains sufficient explanation and documentary evidence to enable the other party to thoroughly evaluate the demand.   (b) The party receiving the demand shall respond in writing within 15 working days of receipt. If the demand is denied in whole or in part, the response must state the basis of the denial.   (c) Upon motion of a party or upon the mediator's own motion, the mediator has the authority to dismiss a petition if the mediator finds that either party did not comply with this subsection (4). A decision dismissing a petition under this subsection (4)(c) must be in writing and must state in detail the grounds for dismissal. The mediator's decision may be reviewed by the workers' compensation court upon motion of a party.   (d) This subsection (4) does not relieve a party of an obligation otherwise contained in this chapter.   History: En. Sec. 8, Ch. 464, L. 1987; amd. Sec. 1, Ch. 427, L. 1989; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 10, Ch. 558, L. 1991; amd. Sec. 29, Ch. 416, L. 2005; amd. Sec. 1550, Ch. 56, L. 2009.
MT Code § 39-71-2402 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 24. Mediation|39-71-2402. through 39-71-2405 reserved

  39-71-2402 through 39-71-2405 reserved.
MT Code § 39-71-2406 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 24. Mediation|39-71-2406. Purpose

  39-71-2406. Purpose. The purpose of this part is to prevent when possible the filing in the workers' compensation court of actions by claimants or insurers relating to claims under this chapter if an equitable and reasonable resolution of the dispute may be effected at an earlier stage. To achieve this purpose, this part provides for a procedure for mandatory, nonbinding mediation. It is the intent of this part that the mediation process be used to resolve cases on an informal basis at minimal cost to the parties, and to this end, the parties are required to fully present their cases at the mediation level. However, if a cause proceeds to the workers' compensation court, the parties are not precluded from presenting additional evidence before the court. If a new issue is raised at the workers' compensation court that was not raised at mediation, the court shall remand the issue to the mediator for consideration.   History: En. Sec. 52, Ch. 464, L. 1987; amd. Sec. 2, Ch. 427, L. 1989; amd. Sec. 30, Ch. 416, L. 2005.
MT Code § 39-71-2407 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 24. Mediation|39-71-2407. Department authority -- rules

  39-71-2407. Department authority -- rules. (1) The department shall designate mediators and shall implement the provisions of this part.   (2) The department may adopt the rules necessary to implement this part. The rules may prescribe:   (a) the qualifications of mediators; and   (b) a procedure for the conduct of mediation proceedings.   (3) The cost to the department of implementing this part must be paid out of the workers' compensation administration fund.   History: En. Sec. 53, Ch. 464, L. 1987.
MT Code § 39-71-2408 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 24. Mediation|39-71-2408. Mandatory, nonbinding mediation

  39-71-2408. Mandatory, nonbinding mediation. (1) Except as otherwise provided, in a dispute arising under this chapter, the insurer and claimant shall mediate any issue concerning benefits and the mediator shall issue a report following the mediation process recommending a solution to the dispute before either party may file a petition in the workers' compensation court.   (2) The resolution recommended by the mediator is without administrative or judicial authority and is not binding on the parties.   History: En. Sec. 54, Ch. 464, L. 1987; amd. Sec. 31, Ch. 416, L. 2005.
MT Code § 39-71-2409 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 24. Mediation|39-71-2409. Duties of mediator

  39-71-2409. Duties of mediator. A mediator shall assist the parties in negotiating a resolution to their dispute by:   (1) facilitating an exchange of information between the parties;   (2) assuring that all relevant information is brought forth during the mediation process;   (3) suggesting possible solutions to issues of dispute between the parties;   (4) recommending a solution; and   (5) assisting the parties to voluntarily resolve their dispute.   History: En. Sec. 55, Ch. 464, L. 1987; amd. Sec. 3, Ch. 427, L. 1989.
MT Code § 39-71-2410 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 24. Mediation|39-71-2410. Limitations on mediation proceedings

  39-71-2410. Limitations on mediation proceedings. (1) Except as may be necessary for the workers' compensation court to rule on issues arising under 39-71-2401(4)(c) or 39-71-2411(8)(c), mediation proceedings must be:   (a) held in private;   (b) informal and held without a verbatim record; and   (c) confidential.   (2) All communications, verbal or written, from the parties to the mediator and any information and evidence presented to the mediator during the proceeding are confidential.   (3) A mediator's files and records are closed to all persons but the parties.   (4) (a) A mediator may not be called to testify in any proceeding concerning the issues discussed in the mediation process.   (b) The mediator's report and any of the information or recommendations contained in the report are not admissible as evidence in any action subsequently brought in any court of law.   (5) Subsections (1) through (4) do not prohibit a mediator from issuing a report and the parties and the mediator may be required to attend a conference before the workers' compensation court as set forth in 39-71-2411.   History: En. Sec. 56, Ch. 464, L. 1987; amd. Sec. 4, Ch. 427, L. 1989; amd. Sec. 11, Ch. 558, L. 1991; amd. Sec. 1, Ch. 39, L. 2005.
MT Code § 39-71-2411 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 24. Mediation|39-71-2411. Mediation procedure

  39-71-2411. Mediation procedure. (1) Except as otherwise provided, a claimant or an insurer having a dispute relating to benefits under this chapter may petition the department for mediation of the dispute.   (2) A party may take part in mediation proceedings with or without representation.   (3) The mediator shall review the department file for the case and may receive any additional documentation or argument either party submits.   (4) The claimant and an employee of the insurer or an authorized third-party examiner with settlement authority shall attend any scheduled mediation conference in person or shall participate by telephone conference call.   (5) The mediator shall request that each party offer an argument summarizing the party's position. A party's argument must fully present the party's case. The argument is not limited by the rules of evidence.   (6) After the parties have presented all their information and arguments to the mediator, the mediator shall recommend a solution to the parties within a reasonable time to be established by rule.   (7) A party shall notify the mediator within 25 days of the mailing of the mediator's report as to whether the party accepts the mediator's recommendation. If either party does not accept the mediator's recommendation, the party may petition the workers' compensation court for resolution of the dispute.   (8) (a) If a mediator determines that either party failed to cooperate in the mediation process, the mediator shall prepare a written report setting forth the determination and the grounds for the determination. The report must be mailed to the parties and to the workers' compensation court. Unless a party disputes the determination as set forth in subsection (8)(c), the parties shall repeat the mediation process, but only one time.   (b) A mediator may determine that a party has failed to cooperate in the mediation process only if the party failed to:   (i) supply information or offer a summary of the party's position as reasonably requested by the mediator;   (ii) attend scheduled mediation conferences unless excused by the mediator; or   (iii) listen to and review the information and position offered by the opposing party.   (c) If a party disputes a mediator's determination that the party failed to cooperate in the mediation process, the party may file a petition with the workers' compensation court. Upon receipt of a petition, the court shall summon the parties and the mediator to determine by oral discussion whether the mediator's determination of noncooperation is supportable. If the court finds that the mediator's determination is supportable, the court may order the parties to attempt a second time to mediate their dispute.   History: En. Sec. 57, Ch. 464, L. 1987; amd. Sec. 5, Ch. 427, L. 1989; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 20, Ch. 516, L. 1995; amd. Sec. 2, Ch. 39, L. 2005; amd. Sec. 32, Ch. 416, L. 2005.
MT Code § 39-71-2501 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 25. Employer's Old Fund Liability Tax (Repealed)|39-71-2501. Repealed

  39-71-2501. Repealed. Secs. 31(2), 34(3), Ch. 276, L. 1997.   History: En. Sec. 1, Ch. 664, L. 1987; amd. Sec. 57, Ch. 83, L. 1989; amd. Sec. 43, Ch. 613, L. 1989; amd. Sec. 14, Ch. 4, Sp. L. May 1990; amd. Sec. 14, Ch. 630, L. 1993; amd. Sec. 2, Ch. 637, L. 1993; amd. Sec. 2, Ch. 172, L. 1995; amd. Sec. 1, Ch. 246, L. 1995; amd. Sec. 48, Ch. 509, L. 1995; amd. Sec. 6, Ch. 572, L. 1995; amd. Sec. 26, Ch. 276, L. 1997; amd. Sec. 31, Ch. 491, L. 1997.
MT Code § 39-71-2502 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 25. Employer's Old Fund Liability Tax (Repealed)|39-71-2502. Repealed

  39-71-2502. Repealed. Secs. 31(2), 34(3), Ch. 276, L. 1997.   History: En. Sec. 2, Ch. 664, L. 1987; amd. Sec. 15, Ch. 4, Sp. L. May 1990; amd. Sec. 3, Ch. 637, L. 1993.
MT Code § 39-71-2503 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 25. Employer's Old Fund Liability Tax (Repealed)|39-71-2503. Repealed

  39-71-2503. Repealed. Secs. 31(2), 34(3), Ch. 276, L. 1997.   History: En. Sec. 3, Ch. 664, L. 1987; amd. Sec. 16, Ch. 4, Sp. L. May 1990; amd. Sec. 1, Ch. 220, L. 1991; amd. Sec. 7, Ch. 797, L. 1991; amd. Sec. 4, Ch. 637, L. 1993; amd. Sec. 3, Ch. 172, L. 1995; amd. Sec. 2, Ch. 246, L. 1995; amd. Sec. 49, Ch. 509, L. 1995; amd. Sec. 6, Ch. 529, L. 1995; amd. Sec. 7, Ch. 572, L. 1995; amd. Sec. 27, Ch. 276, L. 1997; amd. Sec. 39, Ch. 422, L. 1997; amd. Secs. 32, 33, 39(2), Ch. 491, L. 1997.
MT Code § 39-71-2504 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 25. Employer's Old Fund Liability Tax (Repealed)|39-71-2504. Repealed

  39-71-2504. Repealed. Sec. 31(1), Ch. 276, L. 1997.   History: En. Sec. 4, Ch. 664, L. 1987; amd. Sec. 10, Ch. 9, Sp. L. June 1989; amd. Sec. 17, Ch. 4, Sp. L. May 1990; amd. Sec. 8, Ch. 797, L. 1991; amd. Sec. 33, Ch. 455, L. 1993; amd. Sec. 6, Ch. 637, L. 1993; amd. Sec. 47, Ch. 18, L. 1995; amd. Sec. 50, Ch. 509, L. 1995.
MT Code § 39-71-2505 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 25. Employer's Old Fund Liability Tax (Repealed)|39-71-2505. Repealed

  39-71-2505. Repealed. Sec. 8, Ch. 184, L. 1999.   History: En. Sec. 5, Ch. 637, L. 1993; amd. Sec. 1, Ch. 27, L. 1995; amd. Sec. 28, Ch. 276, L. 1997; amd. Sec. 34, Ch. 491, L. 1997.
MT Code § 39-71-2506 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 25. Employer's Old Fund Liability Tax (Repealed)|39-71-2506. Repealed

  39-71-2506. Repealed. Secs. 31(2), 34(3), Ch. 276, L. 1997.   History: En. Sec. 3, Ch. 572, L. 1995.
MT Code § 39-71-2507 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 25. Employer's Old Fund Liability Tax (Repealed)|39-71-2507. Repealed

  39-71-2507. Repealed. Sec. 8, Ch. 184, L. 1999.   History: En. Sec. 6, Ch. 491, L. 1997.
MT Code § 39-71-2601 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 26. Self-Insurers Guaranty Fund|39-71-2601. Short title

  39-71-2601. Short title. This part may be cited as the "Montana Self-Insurers Guaranty Fund Act".   History: En. Sec. 1, Ch. 244, L. 1989.
MT Code § 39-71-2602 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 26. Self-Insurers Guaranty Fund|39-71-2602. Purpose -- construction

  39-71-2602. Purpose -- construction. (1) The purposes of this part are to provide a mechanism for the payment of covered workers' compensation claims of employers bound by compensation plan No. 1 who are unable to pay the claims because of insolvency, to establish a fund from which the claims may be paid, and to establish a board to assess the cost of the protection among those employers.   (2) This part must be liberally construed to effect its purposes. The statement of its purposes constitutes an aid and a guide to the act's interpretation.   History: En. Sec. 2, Ch. 244, L. 1989.
MT Code § 39-71-2603 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 26. Self-Insurers Guaranty Fund|39-71-2603. Definitions

  39-71-2603. Definitions. As used in this part, unless the context requires otherwise, the following definitions apply:   (1) "Board" means the board of directors of the Montana self-insurers guaranty fund.   (2) "Fund" means the Montana self-insurers guaranty fund established pursuant to 39-71-2609.   (3) "Insolvent private self-insurer" means an employer:   (a) (i) that is unable to pay workers' compensation claims because:   (A) it has been determined to be insolvent by a court of competent jurisdiction; or   (B) bankruptcy proceedings have been instituted by or against it; or   (ii) whose claims are not being paid on its behalf; and   (b) whose security has been exhausted pursuant to 39-71-2108.   (4) "Member" means an employer bound by compensation plan No. 1 that participates in the Montana self-insurers guaranty fund.   (5) "Private self-insurer" means a private employer bound by compensation plan No. 1 that has secured the payment of workers' compensation claims pursuant to 39-71-2101.   History: En. Sec. 3, Ch. 244, L. 1989.
MT Code § 39-71-2604 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 26. Self-Insurers Guaranty Fund|39-71-2604. Board of directors of fund

  39-71-2604. Board of directors of fund. (1) There is a board of directors of the Montana self-insurers guaranty fund.   (2) The board consists of five members who are representatives of private self-insurers and who shall serve staggered 4-year terms.   (3) Board members are elected by the members of the fund, with each member having one vote.   (4) Board members may be reimbursed from the assets of the fund for the actual expenses incurred in connection with their duties as board members.   History: En. Sec. 4, Ch. 244, L. 1989.
MT Code § 39-71-2605 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 26. Self-Insurers Guaranty Fund|39-71-2605. through 39-71-2608 reserved

  39-71-2605 through 39-71-2608 reserved.
MT Code § 39-71-2609 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 26. Self-Insurers Guaranty Fund|39-71-2609. Establishment of fund -- employer participation required

  39-71-2609. Establishment of fund -- employer participation required. (1) There is a nonprofit unincorporated legal entity, to be known as the Montana self-insurers guaranty fund, financed as provided in 39-71-2615 and 39-71-2616. The fund shall perform its functions under rules adopted by, and powers exercised through, the board established under 39-71-2604.   (2) A private self-insurer shall participate as a member in the fund as a condition of the authority to self-insure in this state under 39-71-2101.   History: En. Sec. 5, Ch. 244, L. 1989; amd. Sec. 5, Ch. 163, L. 1991.
MT Code § 39-71-2610 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 26. Self-Insurers Guaranty Fund|39-71-2610. Rulemaking -- powers of fund

  39-71-2610. Rulemaking -- powers of fund. (1) The board shall establish the rules necessary to carry out the purposes of this part and to meet the responsibilities of the fund.   (2) The fund may carry out its responsibilities directly or by contract. It may, if it considers necessary, purchase services and insurance and borrow funds.   (3) The fund may receive confidential information concerning the financial condition of a private self-insurer whose liabilities to pay compensation may devolve upon the fund. The board shall adopt rules to prevent dissemination of the information.   History: En. Sec. 6, Ch. 244, L. 1989.
MT Code § 39-71-2611 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 26. Self-Insurers Guaranty Fund|39-71-2611. Duties, liabilities, and rights of fund

  39-71-2611. Duties, liabilities, and rights of fund. (1) The fund shall assume the workers' compensation obligations of a private self-insurer that come due after the private self-insurer has been determined to be an insolvent self-insurer.   (2) The fund is not liable for the payment of any penalties or interest assessed for any act or omission of a person acting on behalf of the fund.   (3) The fund is a party in interest in all proceedings involving workers' compensation claims against an insolvent private self-insurer whose workers' compensation obligations have been paid or assumed by the fund. The fund has the same rights and defenses as the insolvent private self-insurer, including but not limited to all of the following:   (a) to appear and deny, defend, and appeal a claim; and   (b) to receive notice of, investigate, adjust, compromise, settle, and pay a claim.   (4) The fund shall concur in department decisions relating to allowing an employer to self-insure.   History: En. Sec. 7, Ch. 244, L. 1989; amd. Sec. 6, Ch. 163, L. 1991.
MT Code § 39-71-2612 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 71. Workers' Compensation|Part 26. Self-Insurers Guaranty Fund|39-71-2612. through 39-71-2614 reserved

  39-71-2612 through 39-71-2614 reserved.