1. (1) History and Purpose. The Department of Labor and Industry was implemented under the Executive Reorganization Act of 1971 by executive order of the Governor on December 13, 1971.
2. (2) Organization. The department is headed by the commissioner, appointed by the Governor as prescribed by Article XIII, section 2 of the Montana Constitution. The department is made up of five divisions. Four divisions are headed by an administrator, and the Technology Services Division is headed by the chief information officer (CIO). Each division is divided into bureaus headed by a chief. There are various entities attached to the department for administrative purposes as provided in 2-15-121, MCA.

3. (3) Structure. The department structure is as follows:

   1. (a) Commissioner's Office. The commissioner is responsible for the administration of the department and its divisions.

      1. (i) In addition to the divisions, the commissioner has certain staff that report directly to the commissioner and are independent of the divisions:

         1. (A) Office of Legal Services. The Office of Legal Services provides legal advice and representation to the commissioner, the divisions, and the administratively attached entities.
         2. (B) Office of Human Resources. The Office of Human Resources provides recruitment, classification, training, disciplinary, management, payroll, and collective bargaining support, guidance, and services to the department.
         3. (C) Office of the Tribal Liaison. The Office of the Tribal Liaison provides outreach and coordination with Montana’s Native American tribes.
      2. (ii) Office of Community Service. The office carries out the functions of the Montana Community Service Act. The office is administratively attached pursuant to Executive Order 07-95.
      3. (iii) State Workforce Innovation Board. The board is responsible for advising the Governor on the creation, implementation, and continuous improvement of a comprehensive statewide workforce development system, designed to train the maximum number of unemployed and underemployed Montanans as possible.
      4. (iv) Workers' Compensation Court. The Workers' Compensation Court, created by 2-15-1707, MCA, is attached to the department for administrative purposes only. The Workers' Compensation Court adopts rules separately.

   2. (b) Divisions. The department consists of the following divisions:

      1. (i) Centralized Services Division;
      2. (ii) Employment Standards Division;
      3. (iii) Technology Services Division;
      4. (iv) Unemployment Insurance Division; and
      5. (v) Workforce Services Division.

4. (4) Functions. The functions of the divisions, bureaus, boards, and commission of the department are as follows:

   1. (a) Centralized Services Division: The Centralized Services Division provides supportive services to the department including budget, accounting, purchasing and information services functions. The division also provides administrative hearing officers to the department and various boards.

      1. (i) Accounting Services Bureau. The bureau provides services to the department in areas of accounting, fiscal reporting, cash receipting and distributing, and internal controls.
      2. (ii) Fiscal Management Bureau. The bureau provides services to the department in the areas of budget and financial management, and procurements including contracts for services and the purchasing of supplies and equipment.
      3. (iii) Office of Administrative Hearings. The office provides neutral contested case hearings for departmental programs.

   2. (b) Employment Standards Division. The Employment Standards Division provides a wide variety of services and regulation related to the work of Montanans. This includes issues involving workers' compensation coverage and claims, human rights claims, workplace safety and health, wage and hour claims, prevailing wage claims, public sector collective bargaining, occupational licensing, building codes, and weights and measures for commercial transactions.

      1. (i) Building Codes and Commercial Weights and Measures Bureau.

         1. (A) The Building Codes Program administers several programs, including:

            1. (I) establishing and enforcing minimum building (including accessibility), plumbing, mechanical, electrical, energy, elevator, and boiler standards to safeguard the public in the design and construction of buildings;
            2. (II) overseeing the Underground Facilities Protection Act, for incidents of damage to underground pipelines and cable.
         2. (B) The Weights and Measures Program tests, inspects, calibrates, and investigates complaints for all commercial weighing and measuring devices used in commercial transactions in the state.
      2. (ii) Compliance Bureau. The bureau provides oversight and regulation of Montana's workers' compensation system, administers and enforces public sector safety and health laws, and assists private sector businesses in achieving safe workplaces. The bureau audits and inspects businesses to ensure compliance with Montana's licensing, safety, sanitation, and employment laws. The bureau provides oversight of Montana prevailing wage laws.
      3. (iii) Investigations and Mediation Bureau. The bureau conducts and reports on investigations for departmental programs, including human rights, occupational licensing, wage and hour, prevailing wage, and workers' compensation. The bureau conducts dispute resolution prior to contested case proceedings for programs, including human rights, wage and hour, and workers' compensation. The bureau processes occupational licensing disciplinary cases.
      4. (iv) Operations Bureau. The bureau provides fiscal, operational, and technical support for the division. The bureau manages, analyzes, and reports on division data and engages in efforts to collect on judgments for division programs. The bureau provides essential customer service support and continuous improvements for the division.
      5. (v) Professional and Occupational Licensing Bureau. The bureau oversees licensing of professionals engaged in professions and occupations relating to the licensing programs and attached occupational licensing boards. The bureau provides administrative support to the licensing boards. The bureau regulates and licenses construction blasters, boiler operating engineers, crane and hoisting operating engineers, and entities who engage in the business of selling, servicing, or installing fire prevention systems. The Montana Prescription Drug Registry is also located within this bureau.

   3. (c) Technology Services Division: The Technology Services Division provides information technology services and support for the department including IT project management, application development, and network services.

      1. (i) Application Services Bureau. The bureau supports the business application portfolio and is responsible for data reporting and analytics environment.
      2. (ii) Project Management Bureau. The bureau consults on, reviews, and prioritizes information technology projects, and is responsible for managing and reporting on information technology projects through the project lifecycle.

   4. (d) Unemployment Insurance Division: The Unemployment Insurance Division provides short-term economic assistance to eligible unemployed workers by administering Montana's unemployment insurance program in accordance with state law and federal guidelines.

      1. (i) Unemployment Insurance Claims Processing Bureau. The bureau manages worker benefits for the unemployment insurance program. It assists customers who are unable to file claims online and processes, including fact-finding of all claims to determine if the claimant is eligible for unemployment insurance benefits.
      2. (ii) Unemployment Insurance Contributions Bureau. The bureau manages employer tax for the unemployment insurance program. It is responsible for registering employers for unemployment insurance coverage, processing completed quarterly reports and payments, enforcing compliance, and responding to questions about unemployment insurance tax requirements.
      3. (iii) Unemployment Insurance Program Support Bureau. The bureau manages unemployment benefit payment controls and overpayment collections, benefit accuracy measurement audits, fraud investigations, information requests, operations support and analysis, and budget and financial management for the Unemployment Insurance Appeals Board.

   5. (e) Workforce Services Division: The Workforce Services Division is responsible for developing and maintaining a high-quality workforce system for the state of Montana that supports and enhances the economic health of the business community as well as to provide a prepared workforce.

      1. (i) Business and Education Engagement Bureau. The bureau provides apprenticeship registration and oversight, administers the jobs for Montana graduates program, and provides business engagement, grants, educational opportunities, and career information and assistance.
      2. (ii) Data and Operations Bureau. The bureau provides division-wide support for policy and federal reporting requirements and compiles, collects, analyzes, and shares labor market information.
      3. (iii) Job Service Bureau. The bureau coordinates and guides the delivery of workforce development services in local communities.

5. (5) Administratively attached boards. The following boards are attached to the department for administrative purposes only. These boards adopt rules separately.

   1. (a) The following boards are attached to the Employment Standards Division for administrative purposes only:

      1. (i) Board of Personnel Appeals. The board governs public sector collective bargaining and considers state employee classification and compensation grievances. The board was established by 2-15-1705, MCA.
      2. (ii) Human Rights Commission. The commission considers objections to human rights investigative reports and appeals of human rights contested case hearings. The commission was established by 2-15-1706, MCA.

   2. (b) The following regulatory licensing boards are attached to the Employment Standards Division for administrative purposes only. Their purpose is to protect the health, safety, and welfare of Montanans by regulating the practices of the professions and occupations within their jurisdiction, included generally below, as well as the associated frameworks for licensure:

      1. (i) Alternative Health Care Board. The board regulates naturopathic physicians and direct-entry midwives. The board was established by 2-15-1730, MCA.
      2. (ii) Board of Architects and Landscape Architects. The board regulates architects and landscape architects. The board was established by 2-15-1761, MCA.
      3. (iii) Board of Athletic Trainers. The board regulates athletic trainers. The board was established by 2-15-1771, MCA.
      4. (iv) Board of Barbers and Cosmetologists. The board regulates salons, shops, schools, barbers, and cosmetologists. The board was established by 2-15-1747, MCA.
      5. (v) Board of Behavioral Health. The board regulates social workers, professional counselors, marriage and family therapists, peer support specialists, and addiction counselors. The board was established by 2-15-1744, MCA.
      6. (vi) Board of Chiropractors. The board regulates chiropractors. The board was established by 2-15-1737, MCA.
      7. (vii) Board of Clinical Laboratory Science Practitioners. The board regulates clinical laboratory science practitioners. The board was established by 2-15-1753, MCA.
      8. (viii) Board of Dentistry. The board regulates dentists, dental hygienists, and denturists. The board was established by 2-15-1732, MCA.
      9. (ix) Board of Funeral Service. The board regulates morticians, crematory operators and technicians, crematories, and cemeteries. The board was established by 2-15-1743, MCA.
      10. (x) Board of Massage Therapy. The board regulates massage therapy. The board was established by 2-15-1782, MCA.
      11. (xi) Board of Medical Examiners. The board regulates physicians, nutritionists, osteopaths, acupuncturists, physician assistants, podiatrists, and emergency care practitioners. The board was established by 2-15-1731, MCA.
      12. (xii) Board of Nursing. The board regulates nurses and approves nursing schools. The board was established by 2-15-1734, MCA.
      13. (xiii) Board of Nursing Home Administrators. The board regulates nursing home administrators. The board was established by 2-15-1735.
      14. (xiv) Board of Occupational Therapy Practice. The board regulates occupational therapists. The board was established by 2-15-1749, MCA.
      15. (xv) Board of Optometry. The board regulates optometrists. The board was established by 2-15-1736, MCA.
      16. (xvi) Board of Outfitters. The board regulates outfitters and guides. The board was established by 2-15-1773, MCA.
      17. (xvii) Board of Pharmacy. The board regulates pharmacists, and pharmacy technicians, as well as control of distribution and dispensing of drugs and medical devices. The board establishes and maintains the Montana Prescription Drug Registry. The board was established by 2-15-1773, MCA.
      18. (xviii) Board of Physical Therapy Examiners. The board regulates physical therapists. The board was established by 2-15-1748, MCA.
      19. (xix) Board of Plumbers. The board regulates plumbers. The board was established by 2-15-1765, MCA.
      20. (xx) Board of Professional Engineers and Professional Land Surveyors. The board regulates professional engineers and professional land surveyors. The board was established by 2-15-1763, MCA.
      21. (xxi) Board of Psychologists. The board regulates psychologists, behavioral analysts, and behavioral analyst assistants. The board was established by 2-15-1741, MCA.
      22. (xxii) Board of Public Accountants. The board regulates public accountants. The board was established by 2-15-1756, MCA.
      23. (xxiii) Board of Radiologic Technologists. The board regulates radiologic technologists. The board was established by 2-15-1738, MCA.
      24. (xxiv) Board of Real Estate Appraisers. The board regulates real estate appraisers. The board was established by 2-15-1758, MCA.
      25. (xxv) Board of Realty Regulation. The board regulates real estate brokers, salespersons, property managers, and timeshare sales offerings. The board was established by 2-15-1757, MCA.
      26. (xxvi) Board of Respiratory Care Practitioners. The board regulates respiratory care practitioners. The board was established by 2-15-1750, MCA.
      27. (xxvii) Board of Speech-Language Pathologists and Audiologists. The board regulates speech-language pathologists and audiologists. The board was established by 2-15-1739, MCA.
      28. (xxviii) State Electrical Board. The board regulates electricians. The board was established by 2-15-1764, MCA.
      29. (xxix) Board of Veterinary Medicine. The board regulates veterinarians and technicians. The board was established by 2-15-1742, MCA.
   3. (c) Unemployment Insurance Appeals Board. The board is attached to the Unemployment Insurance Division. It primarily serves as the appellate board for unemployment insurance disputes. The board was established by 2-15-1704, MCA.
6. (6) Information or Submissions. General inquiries regarding the department may be addressed to the commissioner. Specific inquiries regarding the function of each division may be addressed to the administrator of that division. All requests for hearings, declaratory rulings, and for participation in rulemaking may be addressed to the commissioner or the administrator unless the notice in the Montana Administrative Register makes specific provision for submission.

7. (7) Personnel Roster. Addresses for the commissioner and each division are as follows:

   1. (a) Commissioner of Labor and Industry, Department of Labor and Industry, 1315 E. Lockey Street, P.O. Box 1728, Helena, MT 59624-1728.
   2. (b) Administrator, Workforce Services Division, 1315 E. Lockey Street, P.O. Box 1728, Helena, MT 59624-1728.
   3. (c) Administrator, Unemployment Insurance Division, 1315 E. Lockey Street, P.O. Box 1728, Helena, MT 59624-1728.
   4. (d) Administrator, Employment Standards Division, 301 S. Park Avenue, P.O. Box 1728, Helena, MT 59624-1728.
   5. (e) Administrator, Centralized Services Division, 1315 E. Lockey Street, P.O. Box 1728, Helena, MT 59624-1728.
   6. (f) CIO, Technology Services Division, 1315 E. Lockey Street, P.O. Box 1728, Helena, MT 59624-1728.
   7. (g) Office of Community Service, 1301 E. Lockey Street, Suite 304, Helena, MT 59620.
   8. (h) Workers' Compensation Court Judge, 1625 Eleventh Avenue, P.O. Box 537, Helena, MT 59624-0537.

8. (8) Chart of Agency Organization. Descriptive chart of the Department of Labor and Industry follows.

   

   

Authorizing statute(s): 2-4-201, MCA

Implementing statute(s): 2-4-201, MCA

History: Eff. 12/31/72; AMD, Eff. 9/5/76; AMD, Eff. 7/6/79; AMD, Eff. 10/1/81; AMD, Eff. 10/28/83; AMD, Eff. 9/30/85; AMD, Eff. 5/30/86; AMD, Eff. 1/1/90; AMD, Eff. 7/1/95; AMD, Eff. 7/1/96; AMD, Eff. 7/1/97; AMD, Eff. 7/1/01; AMD, Eff. 7/31/07; AMD, Eff. 3/31/08; AMD, Eff. 9/30/08; AMD, Eff. 6/30/14; AMD, Eff. 9/30/16; AMD, Eff. 9/30/18; AMD, Eff. 6/30/24.