reglab/housing_qa huggingface dataset:
MT Code § 32-11-404 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 11. Business and Industrial Development Corporations|Part 4. Investigations and Penalties|32-11-404. Penalties -- license suspension and revocation -- restitution

  32-11-404. Penalties -- license suspension and revocation -- restitution. (1) If, after providing a 10-day written notice that includes a statement of alleged violations and a notice of an opportunity for a hearing as provided in Title 2, chapter 4, the department finds that any licensee or unlicensed person or any officer, director, partner, trustee, employee, or representative of the licensee or unlicensed person has violated any of the provisions of this chapter, has failed to comply with the rules or orders adopted by the department, has failed or refused to make required reports to the department, has furnished false information to the department, or has operated without a license, the department may:   (a) impose a civil penalty not to exceed $1,000 for each violation or, in the case of a continuing violation, $1,000 a day;   (b) issue an order revoking or suspending the right of the licensee or person, directly or through an officer, director, partner, trustee, employee, or representative, to do business in this state as a licensee or to engage in the business of a BIDCO; or   (c) issue an order requiring restitution to borrowers and reimbursement of the department's cost in bringing the administrative action.   (2) All notices, hearing schedules, and orders must be mailed to the licensee or person by certified mail to the address for which the license was issued or, in the case of an unlicensed business, to the last-known address of record.   (3) A revocation, suspension, or surrender of a license does not relieve the licensee from civil or criminal liability for acts committed prior to the revocation, suspension, or surrender of the license.   (4) (a) The department may reinstate any suspended or revoked license if there is not a fact or condition existing at the time of reinstatement that would have justified the department refusing to originally issue the license.   (b) If a license has been revoked for cause, an application may not be made for issuance of a new license or the reinstatement of a revoked license for a period of 6 months from the date of revocation.   (5) All civil penalties collected under this section must be deposited in the general fund.   History: En. Sec. 43, Ch. 411, L. 2007.
MT Code § 32-11-405 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 11. Business and Industrial Development Corporations|Part 4. Investigations and Penalties|32-11-405. Removal and suspension orders for certain acts

  32-11-405. Removal and suspension orders for certain acts. (1) The department may issue an order removing a subject person of a licensee from office with the licensee and prohibiting the subject person from further participation in any manner in the conduct of the business of the licensee if the department determines after notice and an opportunity for a hearing that:   (a) the person has violated this chapter or another applicable law, has engaged in an unsafe or unsound act with respect to the business of the licensee, or has engaged in an act that constitutes a breach of the person's fiduciary duty;   (b) the act, violation, or breach of fiduciary duty has caused or is likely to cause substantial financial loss or other damage to the licensee or has seriously prejudiced or is likely to seriously prejudice the interest of the licensee or the person has received financial gain by reason of the act, violation, or breach of fiduciary duty; and   (c) the act, violation, or breach of fiduciary duty involves dishonesty on the part of the person, demonstrates the person's gross negligence with respect to the business of the licensee, or demonstrates the person's willful disregard for the safety and soundness of the licensee.   (2) The department may issue an order removing a subject person of the licensee from office with the licensee and prohibiting the subject person from further participation in any manner in the conduct of the business of the licensee except with the prior consent of the department if, after notice and a hearing, the department determines that, by engaging or participating in an act with respect to a financial or other business institution that resulted in substantial financial loss or other damage, the subject person of a licensee demonstrated:   (a) dishonesty or a willful or continuing disregard for the safety and soundness of the financial or other business institution; and   (b) unfitness to continue as a subject person of the licensee or to participate in conducting the business of the licensee.   (3) The department may immediately issue an order suspending a subject person of a licensee from the person's office with the licensee and prohibiting the subject person from further participation in any manner in the conduct of the business of the licensee except with the consent of the department if the department determines that:   (a) the factors in subsection (1) or (2) are true with respect to the person; and   (b) an immediate order is necessary to protect the interests of the licensee or the public.   (4) In this section, when used with respect to a licensee, "office" means the position of director, officer, or employee of the licensee or of an affiliate or subsidiary of the licensee.   History: En. Sec. 44, Ch. 411, L. 2007.
MT Code § 32-11-406 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 11. Business and Industrial Development Corporations|Part 4. Investigations and Penalties|32-11-406. Removal and suspension orders in cases of indictment or conviction

  32-11-406. Removal and suspension orders in cases of indictment or conviction. (1) If the department determines that a subject person of a licensee has been indicted by a grand jury or has been bound over for trial by a court for a crime involving dishonesty or breach of trust and that the continuation of the person as a subject person of the licensee may threaten the interests of the licensee or may threaten to impair public confidence in the licensee, the department may issue an order suspending the person from the person's office with the licensee and prohibiting the person from further participation in any manner in the conduct of the business of the licensee until the person's charge has been disposed of.   (2) If the department determines that a subject person or former subject person of a licensee to whom an order was issued under subsection (1) or another subject person of a licensee has been convicted of a crime involving dishonesty or breach of trust and that the continuation or resumption of the person as a subject person of the licensee may threaten the interests of the licensee, the department may issue an order suspending or removing the person from the person's office with the licensee and prohibiting the person from further participation in any manner in the conduct of the business of the licensee except with the prior consent of the department.   (3) The failure to convict a subject person who is charged with a crime involving dishonesty or breach of trust does not prevent the department from issuing an order to the person under another provision of this chapter.   (4) In this section, "office" has the meaning provided in 32-11-405.   History: En. Sec. 45, Ch. 411, L. 2007.
MT Code § 32-11-407 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 11. Business and Industrial Development Corporations|Part 4. Investigations and Penalties|32-11-407. Hearings on orders -- recision and modification

  32-11-407. Hearings on orders -- recision and modification. (1) Within 30 days after an order is issued under 32-11-405(3) or 32-11-406, the licensee or subject person of a licensee to whom the order is directed may file with the department an application for a hearing on the order.   (2) After the hearing, the department shall affirm, modify, or rescind the order.   (3) A person to whom an order is issued under this section may apply to the department to modify or rescind the order. The department may not modify or rescind the order unless the department determines that it is in the public interest to do so and that it is reasonable to believe that the person will comply with this chapter.   (4) The right of a licensee or subject person to whom an order is issued under 32-11-405(3) or 32-11-406 to an interlocutory review of the order is not affected by the failure of the licensee or subject person to apply to the department for a hearing on the order issued under this section.   History: En. Sec. 46, Ch. 411, L. 2007.
MT Code § 32-11-408 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 11. Business and Industrial Development Corporations|Part 4. Investigations and Penalties|32-11-408. through 32-11-410 reserved

  32-11-408 through 32-11-410 reserved.
MT Code § 32-11-411 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 11. Business and Industrial Development Corporations|Part 4. Investigations and Penalties|32-11-411. Disclosure to shareholders

  32-11-411. Disclosure to shareholders. If the department determines that the results of a department communication or order addressed to the licensee or to a subject person of the licensee should be disclosed to the licensee's shareholders, the department may require the licensee to make the disclosure in the form and manner determined by the department.   History: En. Sec. 47, Ch. 411, L. 2007.
MT Code § 32-11-412 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 11. Business and Industrial Development Corporations|Part 4. Investigations and Penalties|32-11-412. Orders restricting additional financing assistance

  32-11-412. Orders restricting additional financing assistance. (1) The department may issue an order directing a licensee to refrain from providing additional financing assistance to businesses if, in the opinion of the department, the order is necessary to protect the interests of the licensee or the public and if, after notice and an opportunity for a hearing, the department determines that:   (a) the licensee or a controlling person, subsidiary, or affiliate of the licensee has violated this chapter or another applicable law;   (b) the licensee is conducting the licensee's business in an unsafe and unsound manner;   (c) the licensee is in a condition that makes it unsafe or unsound for the licensee to transact business;   (d) the licensee has ceased to transact business as a BIDCO;   (e) the licensee is insolvent;   (f) the licensee has suspended payment of the licensee's obligations, has made an assignment for the benefit of the licensee's creditors, or has admitted in writing the licensee's inability to pay the licensee's debts as the debts become due;   (g) the licensee has applied for an adjudication of bankruptcy, reorganization, arrangement, or other relief under a bankruptcy, reorganization, insolvency, or moratorium law, an involuntary petition in bankruptcy against the person has not been dismissed in 90 days, or a person has applied for the relief under the law against a licensee and the relief has been granted or the licensee has by an affirmative act approved of or consented to the action; or   (h) a fact or condition exists that would have been grounds for denying the licensee a license if the fact or condition had existed when the licensee applied for the license.   (2) If the department determines that a factor in subsection (1) is true with respect to a licensee and that it is necessary for the protection of the interests of the licensee or the public that the department immediately prevent the licensee from providing additional financing assistance to businesses, the department may issue the order without a hearing.   (3) If the department consents, a licensee that has been the subject of an order under subsection (1) or (2) may resume providing financing assistance to businesses under the conditions that the department prescribes.   (4) A person to whom an order is issued under subsection (1) or (2) may apply to the department to modify or rescind the order. The department may not grant the application unless the department determines that it is in the interest of the public to do so and that it is reasonable to believe that the person will comply with this chapter.   History: En. Sec. 49, Ch. 411, L. 2007.
MT Code § 32-11-413 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 11. Business and Industrial Development Corporations|Part 4. Investigations and Penalties|32-11-413. Taking possession of licensee

  32-11-413. Taking possession of licensee. (1) If the department finds that a factor in 32-11-412 is true with respect to a licensee and that it is necessary for the protection of the interests of the licensee or of the public, the department may take immediate possession of the property and business of the licensee and appoint a conservator for the licensee.   (2) The department may appoint as conservator a competent and disinterested person. The department must be reimbursed out of the assets of the conservatorship for all money expended by the department in connection with the conservatorship. The expenses of the conservatorship paid for by the department must be paid out of the assets of the licensee. Payment of the expenses of the department takes priority over other payments from the assets and must be fully paid before a final distribution is made.   (3) Under the direction of the department, the conservator shall take possession of the books, records, and assets of the licensee and shall take other action that is necessary to conserve the assets of the licensee or to ensure payment of obligations of the licensee pending further disposition of the licensee's business.   (4) At an appropriate time, the department may terminate the conservatorship and permit the licensee to resume the transaction of the licensee's business subject to the terms, conditions, restrictions, and limitations that the department prescribes.   History: En. Sec. 50, Ch. 411, L. 2007.
MT Code § 32-11-414 (2021)
2021 Montana Code Annotated|Title 32. Financial Institutions|Chapter 11. Business and Industrial Development Corporations|Part 4. Investigations and Penalties|32-11-414. Appeals

  32-11-414. Appeals. A final order of an administrative proceeding under 32-11-403 through 32-11-406, 32-11-412, or 32-11-413 may be appealed to the district court.   History: En. Sec. 51, Ch. 411, L. 2007.
MT Code § 33-1-101 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 1. General Provisions|33-1-101. Short title

  33-1-101. Short title. This title constitutes the "Montana Insurance Code".   History: En. Sec. 1, Ch. 286, L. 1959; R.C.M. 1947, 40-2601; amd. Sec. 1, Ch. 77, L. 1979.
MT Code § 33-1-103 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 1. General Provisions|33-1-103. Particular provisions prevail

  33-1-103. Particular provisions prevail. Provisions of this code relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general.   History: En. Sec. 16, Ch. 286, L. 1959; R.C.M. 1947, 40-2616.
MT Code § 33-1-104 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 1. General Provisions|33-1-104. Repealed

  33-1-104. Repealed. Sec. 32, Ch. 396, L. 2017.   History: En. Sec. 17, Ch. 286, L. 1959; R.C.M. 1947, 40-2617; amd. Sec. 79, Ch. 370, L. 1987; amd. Sec. 5, Ch. 606, L. 1987.
MT Code § 33-1-105 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 1. General Provisions|33-1-105. and 33-1-106 reserved

  33-1-105 and 33-1-106 reserved.
MT Code § 33-1-107 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 1. General Provisions|33-1-107. Repealed

  33-1-107. Repealed. Sec. 12, Ch. 456, L. 2005.   History: En. Sec. 1, Ch. 227, L. 2001.
MT Code § 33-1-108 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 1. General Provisions|33-1-108. and 33-1-109 reserved

  33-1-108 and 33-1-109 reserved.
MT Code § 33-1-110 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 1. General Provisions|33-1-110. Limitations of provider agreements

  33-1-110. Limitations of provider agreements. (1) Notwithstanding any other provision of law, a provider who has entered into a provider agreement with a person as defined in 33-1-202 is not required to provide a discount or accept payment at the rate agreed to in the provider agreement for health care services that are provided to an insured individual if the payment for the services is made directly or indirectly or is otherwise required to be made:   (a) under casualty insurance as described in 33-1-206; or   (b) under property insurance as described in 33-1-210.   (2) Insurance payments made to a provider of health care services under subsection (1) must be paid according to the terms of the applicable policy or in accordance with any written agreement or contract existing between the provider and the insurer or a person contractually engaged by the insurer to perform services or an insurance function for the insurer. This section does not prohibit negotiations regarding the amount of the billed charges or a reasonable request for additional information or documents in order to evaluate the claim.   (3) An insurer making payment on a claim under a disability insurance policy, member contract, health benefit plan, group health plan, blanket disability insurance policy as defined in 33-22-601, or other medical coverage shall credit toward satisfaction of the insured's deductible, copayment, or coinsurance, if any, any payment made by a casualty or property insurer but only if the payment to be credited is applied to a covered medical expense under the terms of the applicable health policy.   (4) The provisions of this section apply regardless of whether the insured may be considered a third-party beneficiary of the provider agreement.   History: En. Sec. 1, Ch. 420, L. 2013.
MT Code § 33-1-112 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 1. General Provisions|33-1-112. through 33-1-114 reserved

  33-1-112 through 33-1-114 reserved.
MT Code § 33-1-201 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 2. Definitions and Insurance Coverages|33-1-201. Definitions -- insurance in general

  33-1-201. Definitions -- insurance in general. For the purposes of this code, the following definitions apply unless the context requires otherwise:  (1) "Alien insurer" is an insurer formed under the laws of any country other than the United States or its states, districts, territories, and commonwealths.   (2) "Authorized insurer" is an insurer duly authorized by a certificate of authority issued by the commissioner to transact insurance in this state.   (3) "Domestic insurer" is an insurer incorporated under the laws of this state.   (4) "Foreign insurer" is an insurer formed under the laws of any jurisdiction other than this state. Except when distinguished by context, the term includes an alien insurer.   (5) (a) "Insurance" is a contract through which one undertakes to indemnify another or pay or provide a specified or determinable amount or benefit upon determinable contingencies.   (b) The term does not include:   (i) contracts for the installation, maintenance, and provision of inside telecommunications wiring to residential or business premises;   (ii) direct patient care agreements established pursuant to 50-4-107; or   (iii) an arrangement with a health care sharing ministry that meets the requirements of 50-4-111.   (6) (a) "Insurer" includes every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance. The term also includes a health service corporation in the provisions listed in 33-30-102.   (b) The term does not include a health care sharing ministry that meets the requirements of 50-4-111.   (7) "Resident domestic insurer" is an insurer incorporated under the laws of this state and:   (a) if a mutual company, not less than one-half of the policyholders are individuals who are residents of this state; or   (b) if a stock insurer, not less than one-half of the shares are owned by individuals who are residents of this state and all of the directors and officers of the insurer are residents of this state.   (8) "State", when used in relation to jurisdiction, means a state, the District of Columbia, or a territory, commonwealth, or possession of the United States.   (9) "Transact", with respect to insurance, means to:   (a) solicit;   (b) negotiate;   (c) sell or effectuate a contract of insurance; or   (d) transact matters subsequent to effectuation of the contract of insurance and arising out of it.   (10) "Unauthorized insurer" is an insurer not authorized by a certificate of authority issued by the commissioner to transact insurance in this state.   History: En. Secs. 2, 3, 6, 7, 8, Ch. 286, L. 1959; R.C.M. 1947, 40-2602, 40-2603, 40-2606, 40-2607, 40-2608; amd. Sec. 1, Ch. 198, L. 1979; amd. Sec. 4, Ch. 664, L. 1979; amd. Sec. 1, Ch. 202, L. 1983; amd. Sec. 2, Ch. 558, L. 1987; amd. Sec. 1, Ch. 341, L. 1989; amd. Sec. 1, Ch. 399, L. 2007; amd. Sec. 7, Ch. 262, L. 2021; amd. Sec. 3, Ch. 422, L. 2021.
MT Code § 33-1-202 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 2. Definitions and Insurance Coverages|33-1-202. Definitions -- entities

  33-1-202. Definitions -- entities. For the purposes of this code, the following definitions apply unless the context requires otherwise:   (1) "Commissioner" means the commissioner of insurance of the state of Montana.   (2) "Department" means the department of insurance of the state of Montana.   (3) "Person" includes an individual, insurer, company, association, organization, Lloyd's, society, reciprocal or interinsurance exchange, partnership, syndicate, business trust, corporation, or any other legal entity.   (4) "Resident of this state" means a person who has maintained a principal residence within the state of Montana for a period of not less than 2 consecutive years.   History: En. Secs. 4, 5, Ch. 286, L. 1959; R.C.M. 1947, 40-2604, 40-2605; amd. Sec. 2, Ch. 198, L. 1979; amd. Sec. 2, Ch. 202, L. 1983.
MT Code § 33-1-203 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 2. Definitions and Insurance Coverages|33-1-203. and 33-1-204 reserved

  33-1-203 and 33-1-204 reserved.
MT Code § 33-1-205 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 2. Definitions and Insurance Coverages|33-1-205. Definitions of kinds of insurance not mutually exclusive

  33-1-205. Definitions of kinds of insurance not mutually exclusive. It is intended that certain insurance coverages may come within the definitions of two or more kinds of insurance as defined in this part, and the inclusion of such coverage within one definition shall not exclude it as to any other kind of insurance within the definition of which such coverage may likewise be reasonably included.   History: En. Sec. 72, Ch. 286, L. 1959; R.C.M. 1947, 40-2901.