reglab/housing_qa huggingface dataset:
MT Code § 50-53-212 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-212. Administrative enforcement -- notice -- department hearing

  50-53-212. Administrative enforcement -- notice -- department hearing. (1) A license may not be denied, suspended, or canceled or corrective action may not be ordered by the department unless the department delivers to the license applicant or licensee a written notice of violation that contains a written statement of the facts constituting the violation and a citation to the statute or rule of the department alleged to have been violated. Further administrative enforcement action may not be taken by the department pursuant to the notice if within 10 days after receipt of the notice, the license applicant or licensee complies with the provisions of 50-53-213.   (2) The department may combine with any notice issued under subsection (1) an order for the suspension or cancellation of a license or for corrective action as the department finds necessary to remedy the violation evidenced in the notice. The order becomes final 10 days after service unless within that time the license applicant or licensee requests a hearing pursuant to subsection (4) or submits a corrective action plan in accordance with 50-53-213.   (3) The department may combine with any notice or order issued under subsection (1) or (2) an order for the license applicant or licensee to appear before the department within a time specified by the department and show cause why the department should not deny, suspend, or cancel the license or otherwise order compliance with part 1, this part, and the rules of the department.   (4) A hearing request by a license applicant or licensee must be made in writing to the department and must specify the mistake in the facts or law relied on by the department. A hearing held pursuant to this section must be held in accordance with the contested case procedure of the Montana Administrative Procedure Act. Following a hearing, the department may issue an appropriate order. Service of notice or an order mailed by the department is complete upon mailing.   History: En. Sec. 12, Ch. 708, L. 1991; amd. Sec. 225, Ch. 42, L. 1997.
MT Code § 50-53-213 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-213. Compliance with corrective action plan as bar to further administrative enforcement

  50-53-213. Compliance with corrective action plan as bar to further administrative enforcement. The department may not deny, suspend, or cancel the license or require corrective action of an operator of a public swimming pool or public bathing place who received a notice of violation from the department pursuant to 50-53-212 if:   (1) the operator submits a plan to correct the violation to the department within 10 days of service of the notice;   (2) the department approves the plan in writing, including the time in which the plan must be complied with; and   (3) the operator complies with the plan within the time period prescribed by the department.   History: En. Sec. 13, Ch. 708, L. 1991.
MT Code § 50-53-214 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-214. Return of license for alteration or destruction

  50-53-214. Return of license for alteration or destruction. Upon cancellation of a license or the right to operate one or more public swimming pools under a single license for the premises, the operator of the public swimming pool shall return the license to the department for destruction of the license or deletion of the listing of the public swimming pool affected by the cancellation. Cancellation by the department of a license to operate a public swimming pool is effective notwithstanding the refusal or failure of an operator to return the license to the department.   History: En. Sec. 14, Ch. 708, L. 1991.
MT Code § 50-53-215 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-215. reserved

  50-53-215 reserved.
MT Code § 50-53-216 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-216. Civil penalties -- other enforcement not barred

  50-53-216. Civil penalties -- other enforcement not barred. (1) A person who violates a provision of part 1, this part, department rules implementing those sections, an order of the department, or any condition of a license issued by the department is subject to a civil penalty not to exceed $500 for each violation.   (2) An action for collection of a civil penalty under this section does not bar administrative enforcement under 50-53-212, an action for injunctive relief under 50-53-104, or enforcement under 50-53-109.   History: En. Sec. 15, Ch. 708, L. 1991; amd. Sec. 226, Ch. 42, L. 1997.
MT Code § 50-53-217 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-217. Recovery of costs by department or local jurisdiction

  50-53-217. Recovery of costs by department or local jurisdiction. In a civil or criminal action brought by the department or a local jurisdiction to enforce the requirements of part 1 and this part, the rules of the department, or any condition of a license or to assess civil penalties and in an action brought by the department to enforce an order of the department, the court may, in the case of an intentional violation of part 1 and this part, assess the operator of the public swimming pool or public bathing place for the costs of any investigation and the costs of the civil or criminal action, including reasonable attorney fees.   History: En. Sec. 16, Ch. 708, L. 1991; amd. Sec. 227, Ch. 42, L. 1997.
MT Code § 50-53-218 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 53. Public Swimming Pools and Swimming Areas|Part 2. Licensure of Public Swimming Pools and Bathing Places|50-53-218. Department to pay board for inspections or enforcement, or both

  50-53-218. Department to pay board for inspections or enforcement, or both. (1) By June 30 of each year, the department shall pay to a local board of health established under 50-2-104, 50-2-106, or 50-2-107 an amount from the local board inspection fund account, created by 50-2-108, for the purpose of inspecting public swimming pools and public bathing places licensed under part 1 and this part or for taking appropriate enforcement action with respect to the public swimming pools and public bathing places, or for both inspection and enforcement. The payment required by this section must be made to a board only if the board and any local health officer and sanitarian for the jurisdiction of the board meet the program performance standards established by department rules.   (2) Money received by the board pursuant to subsection (1) may be used only for the purpose of inspections and enforcement under part 1 and this part and must be used to supplement and not supplant other money received by the board for the same purpose.   (3) The department may use money in the local board inspection fund account appropriated to the department for the enforcement of part 1, this part, and the rules of the department and for inspections to determine compliance with those sections and rules in any local jurisdiction not receiving payment under subsection (1).   History: En. Sec. 17, Ch. 708, L. 1991; amd. Sec. 228, Ch. 42, L. 1997.
MT Code § 50-57-101 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 1. General Provisions|50-57-101. Purpose

  50-57-101. Purpose. This chapter provides for the licensure and regulation of wholesale food establishments to prevent and eliminate conditions and practices that endanger public health.   History: En. Sec. 1, Ch. 474, L. 2003; amd. Sec. 1, Ch. 395, L. 2007.
MT Code § 50-57-103 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 1. General Provisions|50-57-103. Department authorized to adopt rules

  50-57-103. Department authorized to adopt rules. (1) The department shall adopt rules relating to the operation of establishments, including rules:   (a) setting standards to ensure sanitation and safety in establishments to protect public health and safety;   (b) relating to the licensing of establishments;   (c) providing procedures for enforcement of the laws and rules relating to establishments;   (d) relating to cooperative agreements between the department and local boards of health; and   (e) setting performance standards for local boards of health, local health officers, and sanitarians to meet as a condition to receipt of funds provided by the department pursuant to 50-57-305.   (2) To the extent feasible, the rules must be consistent with rules adopted to implement chapter 50.   History: En. Sec. 3, Ch. 474, L. 2003.
MT Code § 50-57-104 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 1. General Provisions|50-57-104. Cooperative agreements authorized

  50-57-104. Cooperative agreements authorized. The department may enter into cooperative agreements with other state agencies and political subdivisions of the state to carry out the provisions of this chapter.   History: En. Sec. 4, Ch. 474, L. 2003.
MT Code § 50-57-105 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 1. General Provisions|50-57-105. Diseased person not to handle food

  50-57-105. Diseased person not to handle food. A person who has a communicable disease, as defined in 50-1-101, may not work in any establishment or in the handling or processing of food.   History: En. Sec. 5, Ch. 474, L. 2003; amd. Sec. 3, Ch. 395, L. 2007.
MT Code § 50-57-106 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 1. General Provisions|50-57-106. Injunctions

  50-57-106. Injunctions. The regulatory authority may bring an action for an injunction against the continuation of an alleged violation of this chapter or a rule adopted by the department under this chapter.   History: En. Sec. 6, Ch. 474, L. 2003.
MT Code § 50-57-107 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 1. General Provisions|50-57-107. County attorney to prosecute violations

  50-57-107. County attorney to prosecute violations. When the regulatory authority furnishes evidence to the county attorney of a county in this state, the county attorney shall prosecute any person, firm, or corporation violating this chapter or a rule adopted by the department under this chapter.   History: En. Sec. 7, Ch. 474, L. 2003.
MT Code § 50-57-108 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 1. General Provisions|50-57-108. Violation -- misdemeanor

  50-57-108. Violation -- misdemeanor. A person who purposefully or knowingly violates provisions of this chapter or rules adopted by the department under this chapter is guilty of a misdemeanor. Upon conviction, the person shall be:   (1) fined an amount of not less than $50 or more than $100 for the first offense;   (2) fined an amount of not less than $75 or more than $200 for the second offense;   (3) fined an amount of not less than $200 and imprisoned in the county jail for not more than 90 days for the third offense and subsequent offenses.   History: En. Sec. 8, Ch. 474, L. 2003.
MT Code § 50-57-109 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 1. General Provisions|50-57-109. Civil penalties -- injunctions not barred

  50-57-109. Civil penalties -- injunctions not barred. (1) An establishment that violates this chapter or rules adopted by the department under this chapter is subject to a civil penalty not to exceed $500.   (2) A civil action to impose penalties, as provided under this section, does not bar a prosecution under 50-57-107 and 50-57-108 or injunctions to enforce compliance with this chapter or to enforce compliance with a rule adopted by the department under this chapter.   History: En. Sec. 9, Ch. 474, L. 2003.
MT Code § 50-57-110 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 1. General Provisions|50-57-110. Costs and expenses -- recovery by department or county

  50-57-110. Costs and expenses -- recovery by department or county. In a civil action initiated by the regulatory authority under this chapter, the court may, by petition of the regulatory authority, order an establishment that is found to be in willful violation of this chapter or rules adopted under this chapter to pay the costs of investigations and any other expenses incurred in enforcing the provisions of this chapter. These costs are limited to the direct costs of investigations and other expenses.   History: En. Sec. 10, Ch. 474, L. 2003.
MT Code § 50-57-201 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-201. License required

  50-57-201. License required. (1) A person operating an establishment shall procure an annual license from the department.   (2) Except as provided in subsection (3), a separate license is required for each establishment, but if more than one type of establishment is operated on the same premises and under the same management, only one license is required.   (3) A person operating an establishment and a retail food establishment is required to obtain a separate license for the establishment under this chapter and for the retail food establishment under Title 50, chapter 50.   History: En. Sec. 11, Ch. 474, L. 2003.
MT Code § 50-57-202 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-202. reserved

  50-57-202 reserved.
MT Code § 50-57-203 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-203. Application for license

  50-57-203. Application for license. An application for a license must be made to the department on forms containing information required by the department, or the application must be made in compliance with the rules established by the board of review established in 30-16-302.   History: En. Sec. 12, Ch. 474, L. 2003.
MT Code § 50-57-204 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-204. reserved

  50-57-204 reserved.
MT Code § 50-57-205 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-205. License fee -- late renewal fee -- allocation of fees

  50-57-205. License fee -- late renewal fee -- allocation of fees. (1) For each annual license issued or renewed, the department shall collect a fee of $115.   (2) A person operating an establishment who fails to renew a license by the expiration date provided in 50-57-206 and who operates the establishment in the license year for which an annual renewal fee was not paid shall, upon renewal, pay to the department a late renewal fee of $25 in addition to the annual renewal fee required by subsection (1). Payment of the late renewal fee does not relieve the operator of responsibility for operating without a license.   (3) The department shall deposit the annual fees collected under subsection (1) as follows:   (a) 90% into the state special revenue fund to the credit of the local board inspection fund account, created in 50-2-108;   (b) 5% into the general fund; and   (c) 5% into the account created in 50-57-213 in the state special revenue fund.   (4) The department shall deposit all of the fees collected under subsection (2) into the account created by 50-57-213 in the state special revenue fund.   History: En. Secs. 13, 14, Ch. 474, L. 2003; amd. Sec. 5, Ch. 482, L. 2009.
MT Code § 50-57-206 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-206. License expiration -- nontransferability

  50-57-206. License expiration -- nontransferability. (1) Except as provided in subsection (2), licenses expire on December 31 of the year in which they are issued unless canceled for cause.   (2) If the board of review adopts a renewal date for licenses under this chapter, the licenses expire on the anniversary date established by rule by the board of review.   (3) Licenses are not transferable.   History: En. Sec. 15, Ch. 474, L. 2003.
MT Code § 50-57-207 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-207. Right to renewal

  50-57-207. Right to renewal. (1) License renewal may be obtained annually by paying the required annual license fee provided for in 50-57-205.   (2) The department shall renew licenses as a matter of right, unless conditions exist that are grounds for cancellation or denial of a license.   History: En. Sec. 16, Ch. 474, L. 2003.
MT Code § 50-57-208 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-208. Validation by local health officer

  50-57-208. Validation by local health officer. (1) A license issued by the department is not valid until it is signed by the local health officer of the local board of health with jurisdiction where the establishment is located.   (2) The local health officer shall validate or refuse to validate the license within 15 days of the receipt of the license.   (3) The failure of the local health officer to validate the license within 15 days after its receipt is a refusal.   History: En. Sec. 17, Ch. 474, L. 2003.
MT Code § 50-57-209 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-209. Refusal of local health officer to validate -- appeal to board

  50-57-209. Refusal of local health officer to validate -- appeal to board. (1) A local health officer may refuse to validate a license issued by the department only if the local health officer determines that the applicant has not met the requirements for the issuance of the license under this chapter or rules adopted by the department under this chapter. The local health officer shall notify the applicant and the department of the refusal within 5 days of the decision not to validate. The notice must state the grounds for the refusal.   (2) The applicant may appeal the decision of the local health officer to the local board of health by filing a written notice of appeal with the local health officer and the local board of health within 30 days of the local health officer's refusal to validate a license or within 30 days of the expiration of the period for the local health officer's decision under 50-57-208, whichever is first.   (3) Upon the filing of the notice of appeal, the applicant is entitled to a hearing before the local board of health to determine the applicant's eligibility for a license under this chapter and department rules adopted under this chapter. The hearing must be held pursuant to the contested case procedure of the Montana Administrative Procedure Act. If the local board of health finds that the applicant is entitled to a validated license, the presiding officer of the local board of health shall validate the license by signing the license.   History: En. Sec. 18, Ch. 474, L. 2003.
MT Code § 50-57-210 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-210. Cancellation of license -- multiple establishments

  50-57-210. Cancellation of license -- multiple establishments. (1) The department may deny or cancel a license if it finds, after proper investigation, that the applicant or licensee has violated or is not in compliance with this chapter or a rule adopted under this chapter and that the applicant or licensee has failed or refused to remedy or correct the noncompliance or violation.   (2) When more than one type of establishment is authorized by one license, as provided in 50-57-201(2), the denial or cancellation may affect one, some, or all of the types of establishments as determined by the department.   History: En. Sec. 19, Ch. 474, L. 2003.
MT Code § 50-57-211 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-211. Submission and execution of plan of correction as bar to cancellation

  50-57-211. Submission and execution of plan of correction as bar to cancellation. An applicant or licensee may submit to the department a written plan of correction within 10 days after receipt from the department of a written notice of violation. The department shall determine if the plan of correction is acceptable. The submission and execution of an acceptable plan of correction within the time prescribed in the plan are a bar to license cancellation.   History: En. Sec. 20, Ch. 474, L. 2003.
MT Code § 50-57-212 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-212. Notice and hearing required

  50-57-212. Notice and hearing required. (1) A license may not be denied or canceled by the department without delivery to the applicant or licensee of a written statement of the grounds for denial or cancellation and an opportunity for a hearing before the department to show cause, if any, why the license should not be denied or canceled.   (2) The applicant or licensee shall make a written request to the department for a hearing within 10 days after notice of the grounds for denial or cancellation has been received.   (3) The hearing must be held in accordance with the contested case procedure of the Montana Administrative Procedure Act. After a hearing, the department may issue an appropriate order. Service of notice or an order mailed by the department is complete upon mailing.   History: En. Sec. 21, Ch. 474, L. 2003.
MT Code § 50-57-213 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 2. Licensing|50-57-213. Special revenue account

  50-57-213. Special revenue account. There is an account in the state special revenue fund. Money in the account is allocated to the department to be used to administer the provisions of this chapter and the rules adopted under this chapter.   History: En. Sec. 22, Ch. 474, L. 2003.
MT Code § 50-57-301 (2021)
2021 Montana Code Annotated|Title 50. Health and Safety|Chapter 57. Wholesale Food Establishments|Part 3. Inspections|50-57-301. Health officers and sanitarians to make investigations and inspections

  50-57-301. Health officers and sanitarians to make investigations and inspections. State and local health officers, sanitarians-in-training, and registered sanitarians shall conduct investigations and inspections of establishments and make reports to the department as required under rules adopted by the department.   History: En. Sec. 23, Ch. 474, L. 2003.