Montana § 10-1-1018 Referral Of Complaint To State Attorney General

Montana Statutes

§ 10-1-1018 — Referral Of Complaint To State Attorney General

Montana·Title 10 MILITARY AFFAIRS AND DISASTER AND EMERGENCY SERVICES·Ch. 1 MILITIA·Part 10 Montana Military Service Employment Rights

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 obta

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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.

Montana § 10-1-1018 (Referral Of Complaint To State Attorney General) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.