reglab/housing_qa huggingface dataset:
MT Code § 39-8-402 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 8. Professional Employer Organizations and Groups Licensing|Part 4. Confidentiality -- Applicability of Other Law|39-8-402. Other law

  39-8-402. Other law. (1) This chapter does not exempt a client of a professional employer organization or group or an employee assigned to a client by a professional employer organization or group from other local, state, or federal license or registration requirements.   (2) An employee who is licensed, registered, or certified under law and who is assigned to a client location is an employee of the client for purposes of the license, registration, or certification.   (3) Except as provided in a professional employer arrangement, a professional employer organization or group is not liable for the general debts, obligations, profit losses, business goodwill, or other damages of a client with which it has entered into a professional employer arrangement.   History: En. Sec. 16, Ch. 344, L. 1995.
MT Code § 39-8-403 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 8. Professional Employer Organizations and Groups Licensing|Part 4. Confidentiality -- Applicability of Other Law|39-8-403. Workers' compensation insurer requirements

  39-8-403. Workers' compensation insurer requirements. (1) An insurer that provides workers' compensation insurance to a professional employer organization shall base classifications and rates applicable to the payroll of a worker who is subject to either a professional employer arrangement or an employee leasing arrangement as though the worker has been a direct employee of the client employer. If an experience modification has been established for the client employer, that experience modification must be audited using the factors in subsection (3) and must be applied by the insurer to the premium for the client employer's workers.   (2) The insurer of a professional employer organization shall report to the workers' compensation advisory or rating organization of which the insurer is required to be a member under Title 33, chapter 16, part 10, all data by client, including payroll by classification and liabilities for each client during the term of the policy.   (3) An insurer shall audit policies issued to a professional employer organization within 90 days of the policy effective date and may conduct quarterly audits thereafter. The purpose of the audit is to determine whether all classifications, experience modification factors, and estimated payroll used with respect to the development of the premium charged are appropriate.   (4) All operations of a client, whether or not all or a portion of the client's operations are subject to a professional employer arrangement or employee leasing arrangement, must be insured by the same insurer.   History: En. Sec. 17, Ch. 344, L. 1995.
MT Code § 39-9-101 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 1. General Provisions|39-9-101. Purpose

  39-9-101. Purpose. It is the purpose of this chapter to ensure that all construction contractors and home inspectors are competing fairly and in compliance with state laws.   History: En. Sec. 1, Ch. 500, L. 1995; amd. Sec. 1, Ch. 548, L. 1997; amd. Sec. 2, Ch. 294, L. 2019.
MT Code § 39-9-102 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 1. General Provisions|39-9-102. Definitions

  39-9-102. Definitions. As used in this chapter, the following definitions apply:   (1) "Construction contractor" means a person, firm, or corporation that:   (a) in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish for another a building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works, or the installation or repair of roofing or siding; or   (b) in order to do work similar to that described in subsection (1)(a) upon the construction contractor's property, employs members of more than one trade on a single job or under a single building permit, except as otherwise provided.   (2) "Department" means the department of labor and industry.   (3) (a) "Home inspection" means a physical examination of a residential dwelling to identify major defects in various attributes of or attachments to the dwelling, including mechanical, electrical, and plumbing systems in addition to structural and other essential components. Home inspections are performed for compensation and employ visual observation and the testing of user controls but not mathematical or specialized engineering sciences.   (b) The term does not mean a physical examination of a residential dwelling when the owner or a representative of the owner requests the examination by an individual who is licensed, certified, or registered in this state and who is acting within the scope of practice of the individual's profession or occupation.   (4) "Home inspection report" means a written document prepared by a home inspector for a client and issued to the client in exchange for compensation after a home inspection has been completed. The report must clearly identify and describe:   (a) the inspected systems, structures, and other relevant components of the dwelling;   (b) any major visible defects in the inspected systems, structures, and other relevant components of the dwelling; and   (c) any recommendations for further evaluation of the property by other appropriate persons.   (5) "Home inspector" means a person who performs a home inspection for compensation.   History: En. Sec. 2, Ch. 500, L. 1995; amd. Sec. 2, Ch. 548, L. 1997; amd. Sec. 3, Ch. 294, L. 2019.
MT Code § 39-9-103 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 1. General Provisions|39-9-103. Rulemaking authority

  39-9-103. Rulemaking authority. The department may adopt rules to implement this chapter.   History: En. Sec. 25, Ch. 500, L. 1995.
MT Code § 39-9-201 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 2. Registration|39-9-201. Registration required -- application

  39-9-201. Registration required -- application. (1) Each construction contractor shall register with the department.   (2) An applicant for registration as a construction contractor shall submit an application on a form to be provided by the department that must include the following information:   (a) the applicant's social security number;   (b) proof of compliance with workers' compensation laws;   (c) the I.R.S. employer identification number, if any; and   (d) the name and address of:   (i) each partner if the applicant is a firm or partnership;   (ii) the owner if the applicant is an individual proprietorship;   (iii) the corporate officers and registered agent if the applicant is a corporation; or   (iv) the manager of a manager-managed limited liability company or the members of a member-managed limited liability company and the registered agent if the applicant is a limited liability company.   History: En. Sec. 3, Ch. 500, L. 1995; amd. Sec. 3, Ch. 548, L. 1997; amd. Sec. 1, Ch. 133, L. 2005.
MT Code § 39-9-202 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 2. Registration|39-9-202. Repealed

  39-9-202. Repealed. Sec. 14, Ch. 548, L. 1997.   History: En. Sec. 4, Ch. 500, L. 1995.
MT Code § 39-9-203 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 2. Registration|39-9-203. Repealed

  39-9-203. Repealed. Sec. 14, Ch. 548, L. 1997.   History: En. Sec. 5, Ch. 500, L. 1995.
MT Code § 39-9-204 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 2. Registration|39-9-204. Certificate of registration -- issuance -- duration

  39-9-204. Certificate of registration -- issuance -- duration. (1) The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.   (2) The department shall place the expiration date on the certificate. The certificate is valid for 2 years.   History: En. Sec. 6, Ch. 500, L. 1995; amd. Sec. 4, Ch. 548, L. 1997.
MT Code § 39-9-205 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 2. Registration|39-9-205. When partnership or joint venture considered registered

  39-9-205. When partnership or joint venture considered registered. A partnership or joint venture is considered registered under this chapter if one of the general partners or venturers whose name under which the partnership or venture does business is registered.   History: En. Sec. 7, Ch. 500, L. 1995.
MT Code § 39-9-206 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 2. Registration|39-9-206. Fees -- education program

  39-9-206. Fees -- education program. (1) The department shall charge fees to construction contractors and home inspectors for:   (a) issuance, renewal, and reinstatement of certificates of registration; and   (b) change of name, address, or business structure.   (2) The department shall set the fees by administrative rule. The fees must cover the full cost of issuing certificates, filing papers and notices, and administering and enforcing this chapter. The costs include reproduction, travel, per diem, and administrative and legal support costs.   (3) The fees charged in subsection (1)(a) may not exceed:   (a) for a construction contractor:   (i) $70 for the initial registration certificate; or   (ii) $70 for the renewal or reinstatement of a registration certificate; or   (b) for a home inspector, an amount determined in rule for the initial registration certificate or for the renewal or reinstatement of a registration certificate.   (4) The fees collected under this section must be deposited in a state special revenue account to the credit of the department for the administration and enforcement of this chapter and independent contractor certification provided for in Title 39, chapter 71, part 4.   (5) The department shall establish, cooperatively with representatives of the building industry and the home inspection industry, an industry and consumer information program, funded with 15% of the fees, to educate the building industry and home inspectors about the registration requirements and to educate the public regarding the hiring of building construction contractors and home inspectors.   (6) The fee for a joint application for a certificate of registration and an independent contractor exemption certificate may not exceed the total fee charged for a certificate of registration and an independent contractor exemption certificate that are obtained separately. The fee paid for the independent contractor exemption certificate may be used by the department to offset the cost of administering independent contractor certification provided for in Title 39, chapter 71, part 4.   History: En. Sec. 8, Ch. 500, L. 1995; amd. Sec. 5, Ch. 548, L. 1997; amd. Sec. 2, Ch. 133, L. 2005; amd. Sec. 4, Ch. 294, L. 2019.
MT Code § 39-9-207 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 2. Registration|39-9-207. Registration -- limiting liability

  39-9-207. Registration -- limiting liability. A person who, pursuant to an oral or written contract, engages a construction contractor or a home inspector who is registered under this chapter on the date of the contract is not liable as an employer for workers' compensation coverage under 39-71-405, for unemployment insurance coverage, or for wages and fringe benefits for:   (1) the registered construction contractor or home inspector;   (2) the employees of the registered construction contractor or home inspector; or   (3) any subsequent subcontractor or the employees of any subsequent subcontractor engaged to fulfill a part of or all of the obligations of the oral or written contract of the registered construction contractor or home inspector listed in subsection (1).   History: En. Sec. 9, Ch. 500, L. 1995; amd. Sec. 6, Ch. 548, L. 1997; amd. Sec. 5, Ch. 294, L. 2019.
MT Code § 39-9-208 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 2. Registration|39-9-208. through 39-9-210 reserved

  39-9-208 through 39-9-210 reserved.
MT Code § 39-9-212 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 2. Registration|39-9-212. Home inspector registration -- penalty -- rulemaking

  39-9-212. Home inspector registration -- penalty -- rulemaking. (1) A home inspector, whether as an individual or a partnership, corporation, or manager-managed or member-managed limited liability company, shall register with the department on forms provided by the department and pay a registration fee for each home inspector covered by the registration. The registration fee must be set by the department by rule as provided in 39-9-206.   (2) For a first-time registration, a home inspector shall document that each person working under the registration certificate as a home inspector:   (a) has successfully completed a minimum of 40 hours of comprehensive home inspection instruction approved by the department or a passing grade on the national home inspector examination offered by the examination board of professional home inspectors or another national examination as provided by the department by rule;   (b) is a member of a national home inspection association; and   (c) is covered by liability insurance, a minimum of $100,000 coverage in errors and omissions insurance, and either workers' compensation coverage or, if the home inspector is self-employed with no other employees and does not have workers' compensation coverage, an independent contractor's exemption certificate.   (3) A home inspector renewing a registration shall provide documentation that each home inspector covered by the registration:   (a) has completed 40 hours of continuing education over the prior 2 years;   (b) is a member in a national home inspection association; and   (c) is covered by liability insurance, a minimum of $100,000 in errors and omissions insurance, and either workers' compensation coverage or an independent contractor's exemption certificate if the home inspector is self-employed with no other employees.   (4) Failure to register and pay a registration fee may result in:   (a) a fine as determined by the department by rule; and   (b) removal of the home inspector's registration on the department's website used to list registered home inspectors. Upon payment of the registration fee, the department shall reinstate the listing and charge a fee for reinstatement as provided in 39-9-206.   (5) (a) A fee or fine collected under this section must be deposited in a state special revenue account to the credit of the department for administration and enforcement of this chapter.   (b) A penalty under this section does not apply to a violation that is determined to be an inadvertent error.   (6) The department may adopt rules to implement this section.   History: En. Sec. 1, Ch. 294, L. 2019.
MT Code § 39-9-213 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 2. Registration|39-9-213. Requirement -- prohibitions

  39-9-213. Requirement -- prohibitions. (1) A home inspector shall issue a home inspection report to a client after completing a home inspection unless the client agrees in writing to release the home inspector from this obligation.   (2) A home inspector may not:   (a) disclose information concerning the results of a home inspection without the written approval of the home inspector's client or the client's representative;   (b) accept compensation from more than one party with a financial interest in the residential dwelling without written approval from all parties with a financial interest in the residential dwelling;   (c) accept a commission or allowance, directly or indirectly, from another person or business entity associated with the client in connection with work for which the home inspector is responsible to the client;   (d) refuse or otherwise fail to disclose promptly to a client information about any business interest or relationship of the home inspector that may affect the client in connection with a home inspection.   History: En. Sec. 4, Ch. 276, L. 1999; Sec. 30-14-1004, MCA 2017; redes. 39-9-213 by Sec. 11, Ch. 294, L. 2019.
MT Code § 39-9-301 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 3. Business Practices|39-9-301. Business practices -- penalty

  39-9-301. Business practices -- penalty. (1) Except as provided in 39-9-205, a person who has registered under one name as provided in this chapter may not engage in the business or act in the capacity of a construction contractor or a home inspector under any other name unless that name also is registered under this chapter.   (2) Use of a falsified registration number in connection with a solicitation or identification as a construction contractor or a home inspector is prohibited.   (3) A partner, associate, agent, salesperson, solicitor, officer, or employee of a construction contractor or a home inspector shall use a true name and address at all times while engaged in the business or capacity of a construction contractor or a home inspector or in activities related to a construction contractor or a home inspector.   (4) (a) The finding of a violation of this section by the department at a hearing held in accordance with the Montana Administrative Procedure Act subjects the person who commits the violation to a penalty of not more than $5,000, as determined by the department. The required hearing may be held by telephone or by videoconference. A penalty collected under this section must be deposited in the state special revenue account to the credit of the department for administration and enforcement of this chapter.   (b) Penalties under this section do not apply to a violation that is determined to be an inadvertent error.   History: En. Sec. 11, Ch. 500, L. 1995; amd. Sec. 8, Ch. 548, L. 1997; amd. Sec. 7, Ch. 294, L. 2019.
MT Code § 39-9-302 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 3. Business Practices|39-9-302. Repealed

  39-9-302. Repealed. Sec. 14, Ch. 548, L. 1997.   History: En. Sec. 12, Ch. 500, L. 1995.
MT Code § 39-9-303 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 3. Business Practices|39-9-303. Department to compile and update registration lists -- availability -- fee

  39-9-303. Department to compile and update registration lists -- availability -- fee. (1) The department shall compile a list of all construction contractors and home inspectors registered under this chapter and update the list of construction contractors at least bimonthly and the list of home inspectors as provided by rule. The list is public information and must be available to the public upon request for a reasonable fee or posted on the department's website.   (2) The department shall inform a person, firm, or corporation whether a construction contractor or a home inspector is registered. The department shall provide the information without charge, except for a reasonable fee for any copies made.   History: En. Sec. 13, Ch. 500, L. 1995; amd. Sec. 9, Ch. 548, L. 1997; amd. Sec. 8, Ch. 294, L. 2019.
MT Code § 39-9-304 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 3. Business Practices|39-9-304. Provisions exclusive -- certain local authority not limited or abridged

  39-9-304. Provisions exclusive -- certain local authority not limited or abridged. The provisions of this chapter relating to the registration or licensing of a person, firm, or corporation, including the requirement of a bond with the state of Montana named as obligee and the collection of a fee, are exclusive for registered construction contractors. A political subdivision of the state may not require or issue any registrations, licenses, or bonds for the same or a similar purpose. However, this section does not limit or abridge the authority of a local government to levy and collect a general and nondiscriminatory license fee levied upon all businesses. This section does not limit the authority of a local government with respect to contractors not required to be registered under this chapter.   History: En. Sec. 14, Ch. 500, L. 1995; amd. Sec. 9, Ch. 294, L. 2019.
MT Code § 39-9-401 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 4. Infractions -- Penalties|39-9-401. Violation -- infraction -- penalty -- disposition

  39-9-401. Violation -- infraction -- penalty -- disposition. (1) It is a violation of this chapter and an infraction for any construction contractor to:   (a) perform work as a construction contractor without being registered as required by this chapter;   (b) perform work as a construction contractor when the construction contractor's registration is suspended; or   (c) transfer a valid registration to an unregistered construction contractor or allow an unregistered construction contractor to work under a registration issued to another construction contractor.   (2) (a) A determination by the department of a violation of this section subjects the person who commits the violation to a penalty of up to $500, as determined by the department. A person who has been determined to have violated this section may request that a hearing be held in accordance with the Montana Administrative Procedure Act. The hearing may be held by telephone or videoconference. An appeal of the hearing decision must be made in the same manner as prescribed in 39-51-2403.   (b) A penalty under this section does not apply to a violation that is determined to be an inadvertent error.   (c) A penalty collected under this section must be deposited in the uninsured employers' fund established in 39-71-503.   History: En. Sec. 15, Ch. 500, L. 1995; amd. Sec. 10, Ch. 548, L. 1997; amd. Sec. 1, Ch. 377, L. 1999; amd. Sec. 6, Ch. 442, L. 1999.
MT Code § 39-9-402 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 4. Infractions -- Penalties|39-9-402. Repealed

  39-9-402. Repealed. Sec. 14, Ch. 548, L. 1997.   History: En. Sec. 16, Ch. 500, L. 1995.
MT Code § 39-9-403 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 4. Infractions -- Penalties|39-9-403. Repealed

  39-9-403. Repealed. Sec. 14, Ch. 548, L. 1997.   History: En. Sec. 5, Ch. 417, L. 1971; R.C.M. 1947, 41-2305; amd. Sec. 8, Ch. 90, L. 1995.
MT Code § 39-9-404 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 4. Infractions -- Penalties|39-9-404. Repealed

  39-9-404. Repealed. Sec. 14, Ch. 548, L. 1997.   History: En. Sec. 18, Ch. 500, L. 1995.
MT Code § 39-9-405 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 4. Infractions -- Penalties|39-9-405. Repealed

  39-9-405. Repealed. Sec. 14, Ch. 548, L. 1997.   History: En. Sec. 19, Ch. 500, L. 1995.
MT Code § 39-9-406 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 4. Infractions -- Penalties|39-9-406. Repealed

  39-9-406. Repealed. Sec. 14, Ch. 548, L. 1997.   History: En. Sec. 20, Ch. 500, L. 1995.
MT Code § 39-9-407 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 4. Infractions -- Penalties|39-9-407. Repealed

  39-9-407. Repealed. Sec. 14, Ch. 548, L. 1997.   History: En. Sec. 21, Ch. 500, L. 1995.
MT Code § 39-9-408 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 9. Contractor Registration|Part 4. Infractions -- Penalties|39-9-408. Repealed

  39-9-408. Repealed. Sec. 14, Ch. 548, L. 1997.   History: En. Sec. 22, Ch. 500, L. 1995.