DECLARATION OF DISSOLUTION AND INSOLVENCY

 

Declaration of

Dissolution and Insolvency

September 2014

Declaration: An explicit, formal announcement, either oral or written.

Dissolution: The act or process of resolving or dissolving into parts or elements.

Insolvency: Not solvent; unable to satisfy creditors or discharge liabilities, either because liabilities exceed assets or because of inability to pay debts as they mature.

Summary: Are We The People of Montana Slaves or Freemen?

The sovereign authority of state government having knowingly and willfully breached the constitution of the state of Montana which they swore an oath to serve and protect. They breached it by an unlawful statute which grants the “ruling class” has executive rights, privileges, and protections NOT afforded the People. That these provisions in the MCA are by design unjust, abusive, obstructive, and usurp the very spirit and letter of the Constitutions both federal and state, with regards to the rights and laws, that ALL people in every other state enjoy. That these laws, MCA 39-71-411 and 30-10-305 are discriminatory and engineered to bind or enslave We The People. Furthermore, they are set to force servitude and enslave the people of Montana. Currently government expenses outway the Gross Domestic Product of Montana.

This Declaration of Dissolution and Insolvency is due to the aforementioned charges and are a “clear” breach of constitutional protections both federally and state- they breach the trust between state and We The People.

If” the People are no longer allowed to file a “complaint” without first seeking the consent of authority, or be subject to fine and penalty, then We The People have no more rights! Thus we must Unite once again and throw off these obnoxious sovereign leaders posing as authority under constitutional law. Imposters that are being revealed by their own handiwork in office. We The People have the God-given RIGHT to set anew, those governments most expedient to Constitutional Laws both federally and statewide. We owe this to our prosperity, for the sake of America!

This document is to invite ALL concerned Montanans to several planned events to explain the effect these laws have had and will have in the very near future on We The People’s Sovereign RIGHTS.

Declaration of Dissolution and Insolvency

This Declaration to Montanans is a “Call to Duty” of a sort- not a call to arms or anarchy that is prevalent worldwide- but a sacred “Call to Duty” expressly GIFTED to ALL Americans of which 50 States, formerly UNITED as ONE Nation UNDER GOD, have a sacred DUTY to the Founders of this nation, to “Preserve and Protect” through the PEN or by use of Arms afforded in the Second Amendment to The Bill of Rights in the U.S. Constitution and the State of Montana Constitution in the Declaration of Rights, Section 12.

We The People, still have the POWER to Self-Govern, We just forgot how to use it. The Founding Fathers built a Protection in the Declaration of Independence and it is still available for us today.

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, —That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpation s, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.-

Early Statehood, Montana became a United States territory (Montana Territory) on May 26, 1864. Under Territorial Governor Thomas Meagher, Montanans held a constitutional convention in 1866 in a failed bid for statehood. A second constitutional convention was held in Helena in 1884 that produced a constitution ratified 3:1 by Montana citizens in November 1884. For political reasons, Congress did not approve Montana statehood until 1889. Congress approved Montana statehood in February 1889 and President Grover Cleveland signed an omnibus bill granting statehood to Montana, North Dakota, South Dakota and Washington once the appropriate state constitutions were crafted. In July 1889, Montanans convened their third constitutional convention and produced a constitution acceptable by the people and the federal government. On November 8, 1889 President Benjamin Harrison proclaimed Montana the forty-first state in the union. The first state governor was Joseph K. Toole.[141] In the 1880s, Helena (the current state capital) had more millionaires per ca pita than any other United States city.[142] (http://en.wikipedia.org/wiki/Montana#Montana_territory)

Montana, a State DESTINED for greatness, or Designed for FAILURE:

The Transcript of Northwest Ordinance (1787)- For the purpose of this Declaration, only the prevalent parts of the Ordinance are included for We The People to read:

An Ordinance for the government of the Territory of the United States northwest of the River Ohio:

Sec. 13. And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory: to provide also for the establishment of States, and permanent government therein, and for their admission to a share in the federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest:

Sec. 14. It is hereby ordained and declared by the authority aforesaid, That the following articles shall be considered as articles of compact between the original States and the people and States in the said territory and forever remain unalterable, unless by common consent, to wit:

Art. 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory.

Art. 2. The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature; and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, for the common preservation, to take any person’s property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud, previously formed.

Art. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them.

Art. 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.

Be it ordained by the authority aforesaid, That the resolutions of the 23rd of April, 1784, relative to the subject of this ordinance, be, and the same are hereby repealed and declared null and void.

Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth.

Are We The People Slaves or Freemen?

Montana Constitution, Article II, Declaration of Rights:

Section 1. Popular sovereignty. All political power is vested in and derived from the people. All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.

Section 2. Self-government. The people have the exclusive right of governing themselves as a free, sovereign, and independent state. They may alter or abolish the constitution and form of government whenever they deem it necessary.

Section 3. Inalienable rights. All persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.

Section 4. Individual dignity. The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas.

Section 34. Unenumerated rights. The enumeration in this constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people.

Breach of Constitutional Contract:

We The People of the State of Montana do hereby Retake our unalienable Rights of self governing from the self proclaimed, “Sovereign Authority”- the government by “color of law” have breached the people and the law of the land. The “Sovereign Authority” have in effect and by provision, and certain rules, regulations, ordinances, and statues, amounting to unconstitutional laws have enslaved and subjugated the people and have with malice and contempt of constitutional law expelled our rights and have in fact and by very action established Law of Rule in Montana.

We The People of the State of Montana, do not enter this proclamation of unsustainable injury lightly nor with transient causes having suffered through individual evil intents. We have been regulated to -non-people, non-person status. Through a number of perverse deeds of action and inaction at all levels of government- both state and local.

That they have entered such a moral decay and unjust litigious hold upon us, that we are compelled to refute and refuse their abuses, usurpation of our rights, privileges, immunities, protections, and freedoms. We The People rightfully implore and hereby petition the united states government for redress of grievances against the offices of Montana, that we must not be ignored or dismissed as inconsequential or unimportant or useless eaters.

We The People hold standing against the state of Montana as follows: a long train of abuses, usurpations and obstructions. Due to one MCA law there are over 10,000 victims and counting- including family members; said statute gives “carte blanche” protection to the assailants, actors, criminals, and no prosecution or liability. These cases are leading to maiming and death to the victim. There are no rights, protections nor relief nor remedy for the victims ever.

Mock trials:

The People (of Libby Mt) vs. W.R. Grace: W.R. Grace in the 1960’s lobbied and received “absolute protection” in the MCA Statute 39-71-411 in 1973 (See full text of this Statute in APPENDIX at the end of this document). The results between 2007-2009 they admitted to 500 wrongful deaths, at their hands, and were set free. The People had no idea that this case was set up from the beginning and we were played by all parties.

Thus this case is the most egregious miscarriage of justice perpetrated and being further perpetrated today, against We The People of Montana and America by the Justice system in Montana.

State-wide fraud and manipulation of property contracts. Strong arm tactics of coercion, intimidation, and submission to the will of the authority. Delaying, ignoring, and or neglecting due process and redress of grievances. Always concluding with the golden rule or the law of diminishing returns and justice denied- for the betterment of the “State” over the will of We The People.

Cronyism: Years of election fraud and abuse thru manipulation, intimidation, and coercion:

Good behavior Rues of ethical conduct as provided in the United States Constitution, Article III Section 1- subversion, perversion, misuse and abuse of laws for offenders and officials. Judicial immunity for judges and cronies from prosecution by “fellow” attorneys. Rules of Ethics of legal conduct are rarely upheld and those attorneys that abide by the rules of ethics and zealously defend the client are marginalized, ostracized, fined, abused, disbarred with extreme prejudice.

We The People are not allowed to file or press charges and the authority does not require law enforcement to investigate any crime that they deem unworthy of their time and effort. Come July 1, 2017 it will become illegal to make a complaint without first gaining permission or prior authorization from the Board of Commissioners. Heavy fines and potential imprisonment may result from not following this Statute- this statute is “predated” and has yet to be enforced. See the MCA Statute below, certain parts shown, the whole Statute is included in the Appendix at the end of this document:

MCA 30-10-305. (Effective July 1, 2017) . Injunctions and other remedies — limitations on actions. (1) If it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of parts 1 through 3 of this chapter or any rule or order under this chapter, the commissioner may:
(a) issue an order
directing the person to cease and desist from continuing the act or practice after reasonable notice and opportunity for a hearing. The commissioner may issue a temporary order pending the hearing that:
(i) remains in effect until 10 days after the hearing examiner issues proposed findings of fact and conclusions of law and a proposed order; or
(ii) becomes final if the person to whom notice is addressed does not request a hearing within 15 days after receipt of the notice; or
(b) without the issuance of a cease and desist order, bring an action in any court of competent jurisdiction to enjoin any acts or practices and to enforce compliance with parts 1 through 3 of this chapter or any rule or order under this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus must be granted and a receiver or conservator may be appointed for the defendant or the defendant’s assets. The commissioner may not be required to post a bond. If the commissioner prevails, the commissioner is entitled to reasonable attorneys’ fees as fixed by the court.
(2) A final judgment or decree, criminal or civil, determining that a person has violated parts 1 through 3 of this chapter in an action brought by the commissioner for the violation, other than a consent judgment or decree entered before trial, is prima facie evidence against that person in an action brought against the person under 30-10-307.
(3) The commissioner may, after giving reasonable notice and an opportunity for a hearing under this section, impose a fine not to exceed $5,000 per violation upon a person found to have engaged in any act or practice constituting a violation of any provision of parts 1 through 3 of this chapter or any rule or order issued under parts 1 through 3 of this chapter. The fine is in addition to all other penalties imposed by the laws of this state and must be collected by the commissioner in the name of the state of Montana and deposited in the general fund. Imposition of any fine under this subsection is an order from which an appeal may be taken pursuant to 30-10-308. If any person fails to pay a fine referred to in this subsection, the amount of the fine is a lien upon all of the assets and property of the person in this state and may be recovered by suit by the commissioner and deposited in the general fund. Failure of the person to pay a fine also constitutes a forfeiture of the right to do business in this state under parts 1 through 3 of this chapter.
(4) (a) An administrative or civil action may not be maintained by the commissioner under this section to enforce a liability founded on a violation of 30-10-201(1) through (3) or 30-10-202 unless it is brought within 2 years after the violation occurs.
(b) An administrative or civil action may not be maintained by the commissioner under this section to enforce a liability founded on a violation of parts 1 through 3 of this chapter or any rule or order issued under this chapter, except 30-10-201(1) through (3) and 30-10-202, unless it is brought within 2 years after discovery by the commissioner or the commissioner’s staff of the facts constituting the violation.
(c) An action may not be maintained under this section to enforce any liability founded on a violation of parts 1 through 3 of this chapter or any rule or order issued under this chapter unless it is brought within 5 years after the transaction on which the action is based.

US Constitution Art I, Sec 9- No Bill of Attainder Or Ex post Fact o Law:

Are prohibited yet the authority enacts numerous laws and regulations and acts upon fiction of law as if its their “given right” to do so. All in the effort to subjugate We The People.

There is no internal affairs. Neither is there any other agency or department that has the authority and ability to provide as a “watch dog” any authority that hasn’t been compromised. Thus the unwarranted and prejudicial “discretionary rights” of misconduct at all levels of State. Which includes censorship of certain central-state run departments that “serve” the people but are NOT allowed to openly display their locations of administration.

We say “NO” to their foundations of Sovereign authority,” that is:

1. Bar Operators of all courts and in congress for their own profit.

2. Interest of the court create continually as many “undisclosed jurisdictions”, writs, torts, and certiorari to confuse legal process.

3. Establishments of Administrative Tribunals” that do not hear human claims nor answer to “constitutional law”.

4. Mangers and Operators who create “loop holes” and a labyrinth of false and deceptive paths for profit and sustain the “system” thru quasi-judicial and administrative process and activist judges.

5. Bringing the people into under color of law while dismissing, blocking, and denying, access for the people to exercise “original jurisdiction in law” and “remedy”.

6. Insure that the “sovereign persons of authority” own legal cases are heard “all of the time”.

This IS Cronyism.

And lastly We The People say “No More!”

7. Sovereign Authority Immunity nor Ca rte Blanche protection for captains or managers of industry or cronies of authority.

No law may be passed that violates the peoples most basic constitutional rights, privileges, immunities, or due process, equal protection and that puts unwarranted injuries and suffering of the people with no relief or remedy- right to redress of grievances- allowed.

The sovereign authority of state government having knowingly and willfully breached the constitution of the state of Montanans agreement with the people to serve and protect, by unlawfully ruling that the “ruling class” has executive rights, privileges, and protections NOT afforded to the People. That these provisions in the MCA are by design unjust, abusive, obstructive, and usurp the very spirit and letter of the Constitutions both federal and state, with regards to the rights and laws, that ALL people in every other state enjoy. That these laws:

MCA 39-71-411. Provisions of chapter exclusive remedy — nonliability of insured employer. For all employments covered under the Workers’ Compensation Act or for which an election has been made for coverage under this chapter, the provisions of this chapter are exclusive. Except as provided in part 5 of this chapter for uninsured employers and except as otherwise provided in the Workers’ Compensation Act, an employer is not subject to any liability whatever for the death of or personal injury to an employee covered by the Workers’ Compensation Act or for any claims for contribution or indemnity asserted by a third person from whom damages are sought on account of the injuries or death. The Workers’ Compensation Act binds the employee and, in case of death, binds the employee’s personal representative and all persons having any right or claim to compensation for the employee’s injury or death, as well as the employer and the servants and employees of the employer and those conducting the employer’s business during liquidation, bankruptcy, or insolvency.

and:

MCA 30-10-305. (Effective July 1, 2017). Injunctions and other remedies — limitations on actions. (1) If it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of parts 1 through 3 of this chapter or any rule or order under this chapter, the commissioner may:
(a) issue an order directing the person to cease and desist from continuing the act or practice after reasonable notice and opportunity for a hearing. The commissioner may issue a temporary order pending the hearing that:
(i) remains in effect until 10 days after the hearing examiner issues proposed findings of fact and conclusions of law and a proposed order; or
(ii) becomes final if the person to whom notice is addressed does not request a hearing within 15 days after receipt of the notice; or
(b) without the issuance of a cease and desist order, bring an action in any court of competent jurisdiction to enjoin any acts or practices and to enforce compliance with parts 1 through 3 of this chapter or any rule or order under this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus must be granted and a receiver or conservator may be appointed for the defendant or the defendant’s assets. The commissioner may not be required to post a bond. If the commissioner prevails, the commissioner is entitled to reasonable attorneys’ fees as fixed by the court.
(2) A final judgment or decree, criminal or civil, determining that a person has violated parts 1 through 3 of this chapter in an action brought by the commissioner for the violation, other than a consent judgment or decree entered before trial, is prima facie evidence against that person in an action brought against the person under 30-10-307.
(3) The commissioner may, after giving reasonable notice and an opportunity for a hearing under this section, impose a fine not to exceed $5,000 per violation upon a person found to have engaged in any act or practice constituting a violation of any provision of parts 1 through 3 of this chapter or any rule or order issued under parts 1 through 3 of this chapter. The fine is in addition to all other penalties imposed by the laws of this state and must be collected by the commissioner in the name of the state of Montana and deposited in the general fund. Imposition of any fine under this subsection is an order from which an appeal may be taken pursuant to 30-10-308. If any person fails to pay a fine referred to in this subsection, the amount of the fine is a lien upon all of the assets and property of the person in this state and may be recovered by suit by the commissioner and deposited in the general fund. Failure of the person to pay a fine also constitutes a forfeiture of the right to do business in this state under parts 1 through 3 of this chapter.
(4) (a) An administrative or civil action may not be maintained by the commissioner under this section to enforce a liability founded on a violation of 30-10-201(1) through (3) or 30-10-202 unless it is brought within 2 years after the violation occurs.
(b) An administrative or civil action may not be maintained by the commissioner under this section to enforce a liability founded on a violation of parts 1 through 3 of this chapter or any rule or order issued under this chapter, except 30-10-201(1) through (3) and 30-10-202, unless it is brought within 2 years after discovery by the commissioner or the commissioner’s staff of the facts constituting the violation.
(c) An action may not be maintained under this section to enforce any liability founded on a violation of parts 1 through 3 of this chapter or any rule or order issued under this chapter unless it is brought within 5 years after the transaction on which the action is based.

(See full text of this Statutes in APPENDIX at the end of this document)are racist and engineered to bind or enslave We The People. Furthermore, they are set to force servitude and enslave the people of Montana.

This Declaration of Dissolution and Insolvency is due to the aforementioned charges and are a “clear” breach of constitutional protections.

If” the People are no longer allowed to file a “complaint” without first seeking the consent of authority, or be subject to fine and penalty, then We The People have no more rights! Thus we must Unite once again and throw off these obnoxious sovereign leaders posing as authority under constitutional law. Imposters that are being revealed by their own handiwork in office. We The People have the God-given RIGHT to set anew, those governments most expedient to Constitutional Laws statewide. We owe this to ourselves and our posterity, for the sake of America and Freedom and Liberty worldwide.

APPENDIX:

MCA 30-10-305. (Temporary) Injunctions and other remedies — limitations on actions. (1) If it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of parts 1 through 3 of this chapter or any rule or order under this chapter, the commissioner may:
(a) issue an order directing the person to cease and desist from continuing the act or practice after reasonable notice and opportunity for a hearing. The commissioner may issue a temporary order pending the hearing that:
(i) remains in effect until 10 days after the hearings examiner issues proposed findings of fact and conclusions of law and a proposed order; or
(ii) becomes final if the person to whom notice is addressed does not request a hearing within 15 days after receipt of the notice; or
(b) without the issuance of a cease and desist order, bring an action in any court of competent jurisdiction to enjoin any acts or practices and to enforce compliance with parts 1 through 3 of this chapter or any rule or order under this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus must be granted and a receiver or conservator may be appointed for the defendant or the defendant’s assets. The commissioner may not be required to post a bond. If the commissioner prevails, the commissioner is entitled to reasonable attorney fees as fixed by the court.
(2) A final judgment or decree, criminal or civil, determining that a person has violated parts 1 through 3 of this chapter in an action brought by the commissioner for the violation, other than a consent judgment or decree entered before trial, is prima facie evidence against that person in an action brought against the person under
30-10-307.
(3) The commissioner may, after giving reasonable notice and an opportunity for a hearing under this section, impose a fine not to exceed $5,000 per violation upon a person found to have engaged in any act or practice constituting a violation of any provision of parts 1 through 3 of this chapter or any rule or order issued under parts 1 through 3 of this chapter. The fine is in addition to all other penalties imposed by the laws of this state and must be collected by the commissioner in the name of the state of Montana and deposited in the general fund. Imposition of any fine under this subsection is an order from which an appeal may be taken pursuant to
30-10-308. If any person fails to pay a fine referred to in this subsection, the amount of the fine is a lien upon all of the assets and property of the person in this state and may be recovered by suit by the commissioner and deposited in the general fund. Failure of the person to pay a fine also constitutes a forfeiture of the right to do business in this state under parts 1 through 3 of this chapter.
(4) (a) An administrative or civil action may not be maintained by the commissioner under this section to enforce a liability based on a violation of
30-10-201(1) through (3) or 30-10-202 unless it is brought within 2 years after the violation occurs.
(b) An administrative or civil action may not be maintained by the commissioner under this section to enforce a liability based on a violation of parts 1 through 3 of this chapter or any rule or order issued under this chapter, except
30-10-201(1) through (3) and 30-10-202, unless it is brought within 2 years after discovery by the commissioner or the commissioner’s staff of the facts constituting the violation.
(c) An action may not be maintained under this section to enforce any liability founded on a violation of parts 1 through 3 of this chapter or any rule or order issued under this chapter unless it is brought within 5 years after the transaction on which the action is based.
(5) The commissioner in an administrative order requiring the payment of restitution or a court in a judicial order or judgment requiring payment of restitution may include a provision requiring a person determined to have violated any provision of parts 1 through 3 of this chapter to contribute an amount to the securities restitution assistance fund created by
30-10-1004. (Effective July 1, 2017)

MCA 30-10-305. (Effective July 1, 2017) . Injunctions and other remedies — limitations on actions. (1) If it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of parts 1 through 3 of this chapter or any rule or order under this chapter, the commissioner may:
(a) issue an order directing the person to cease and desist from continuing the act or practice after reasonable notice and opportunity for a hearing. The commissioner may issue a temporary order pending the hearing that:
(i) remains in effect until 10 days after the hearing examiner issues proposed findings of fact and conclusions of law and a proposed order; or
(ii) becomes final if the person to whom notice is addressed does not request a hearing within 15 days after receipt of the notice; or
(b) without the issuance of a cease and desist order, bring an action in any court of competent jurisdiction to enjoin any acts or practices and to enforce compliance with parts 1 through 3 of this chapter or any rule or order under this chapter. Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus must be granted and a receiver or conservator may be appointed for the defendant or the defendant’s assets. The commissioner may not be required to post a bond. If the commissioner prevails, the commissioner is entitled to reasonable attorneys’ fees as fixed by the court.
(2) A final judgment or decree, criminal or civil, determining that a person has violated parts 1 through 3 of this chapter in an action brought by the commissioner for the violation, other than a consent judgment or decree entered before trial, is prima facie evidence against that person in an action brought against the person under
30-10-307.
(3) The commissioner may, after giving reasonable notice and an opportunity for a hearing under this section, impose a fine not to exceed $5,000 per violation upon a person found to have engaged in any act or practice constituting a violation of any provision of parts 1 through 3 of this chapter or any rule or order issued under parts 1 through 3 of this chapter. The fine is in addition to all other penalties imposed by the laws of this state and must be collected by the commissioner in the name of the state of Montana and deposited in the general fund. Imposition of any fine under this subsection is an order from which an appeal may be taken pursuant to
30-10-308. If any person fails to pay a fine referred to in this subsection, the amount of the fine is a lien upon all of the assets and property of the person in this state and may be recovered by suit by the commissioner and deposited in the general fund. Failure of the person to pay a fine also constitutes a forfeiture of the right to do business in this state under parts 1 through 3 of this chapter.
(4) (a) An administrative or civil action may not be maintained by the commissioner under this section to enforce a liability founded on a violation of
30-10-201(1) through (3) or 30-10-202 unless it is brought within 2 years after the violation occurs.
(b) An administrative or civil action may not be maintained by the commissioner under this section to enforce a liability founded on a violation of parts 1 through 3 of this chapter or any rule or order issued under this chapter, except
30-10-201(1) through (3) and 30-10-202, unless it is brought within 2 years after discovery by the commissioner or the commissioner’s staff of the facts constituting the violation.
(c) An action may not be maintained under this section to enforce any liability founded on a violation of parts 1 through 3 of this chapter or any rule or order issued under this chapter unless it is brought within 5 years after the transaction on which the action is based.

History: En. Sec. 20, Ch. 251, L. 1961; R.C.M. 1947, 15-2020; amd. Sec. 7, Ch. 351, L. 1979; amd. Sec. 2, Ch. 407, L. 1985; amd. Sec. 7, Ch. 478, L. 1985; amd. Sec. 1, Ch. 231, L. 1987; amd. Sec. 5, Ch. 249, L. 1989; amd. Sec. 2, Ch. 540, L. 1993; amd. Sec. 11, Ch. 58, L. 2011.

MCA 39-71-411. Provisions of chapter exclusive remedy — nonliability of insured employer. For all employments covered under the Workers’ Compensation Act or for which an election has been made for coverage under this chapter, the provisions of this chapter are exclusive. Except as provided in part 5 of this chapter for uninsured employers and except as otherwise provided in the Workers’ Compensation Act, an employer is not subject to any liability whatever for the death of or personal injury to an employee covered by the Workers’ Compensation Act or for any claims for contribution or indemnity asserted by a third person from whom damages are sought on account of the injuries or death. The Workers’ Compensation Act binds the employee and, in case of death, binds the employee’s personal representative and all persons having any right or claim to compensation for the employee’s injury or death, as well as the employer and the servants and employees of the employer and those conducting the employer’s business during liquidation, bankruptcy, or insolvency.

History: En. 92-204.1 by Sec. 1, Ch. 493, L. 1973; amd. Sec. 2, Ch. 550, L. 1977; R.C.M. 1947, 92-204.1(part); amd. Sec. 1, Ch. 329, L. 1979; amd. Sec. 61, Ch. 397, L. 1979; amd. Sec. 1543, Ch. 56, L. 2009.