reglab/housing_qa huggingface dataset:
MT Code § 37-1-141 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 1. Duties and Authority of Department, Director, and Boards|37-1-141. License renewal -- lapse -- expiration -- termination

  37-1-141. License renewal -- lapse -- expiration -- termination. (1) The renewal date for a license must be set by department rule. The department shall provide notice prior to the renewal date.   (2) To renew a license, a licensee shall submit a completed renewal form, comply with all certification and continuing education requirements as provided by 37-1-306 or 37-1-420, and remit renewal fees before the end of the renewal period.   (3) A licensee may reactivate a lapsed license within 45 days after the renewal date by following the process in subsection (5) and complying with all certification and educational requirements.   (4) A licensee may reactivate an expired license within 2 years after the renewal date by following the process in subsection (5) and complying with all certification and education requirements that have accrued since the license was last granted or renewed as prescribed by board or department rule.   (5) To reactivate a lapsed license or an expired license, in addition to the respective requirements in subsections (3) and (4), a licensee shall:   (a) submit the completed renewal form;   (b) pay the late penalty fee provided for in subsection (7); and   (c) pay the current renewal fee as prescribed by the department or the board.   (6) (a) A licensee who practices with a lapsed license is not considered to be practicing without a license.   (b) A licensee who practices after a license has expired is considered to be practicing without a license.   (7) The department may assess a late penalty fee for each renewal period in which a license is not renewed. The late penalty fee need not be commensurate with the costs of assessing the fee.   (8) Unless otherwise provided by statute or rule, an occupational or professional license that is not renewed within 2 years of the most recent renewal date automatically terminates. The terminated license may not be reactivated, and a new original license must be obtained.   (9) The department or board responsible for licensing a licensee retains jurisdiction for disciplinary purposes over the licensee for a period of 2 years after the date on which the license lapsed.   (10) This section may not be interpreted to conflict with 37-1-138.   History: En. Sec. 1, Ch. 272, L. 1985; amd. Sec. 13, Ch. 467, L. 2005; amd. Sec. 3, Ch. 80, L. 2015.
MT Code § 37-1-142 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 1. Duties and Authority of Department, Director, and Boards|37-1-142. Terminated

  37-1-142. Terminated. Sec. 1, Ch. 36, L. 2013.   History: En. Sec. 1, Ch. 330, L. 2011.
MT Code § 37-1-143 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 1. Duties and Authority of Department, Director, and Boards|37-1-143. and 37-1-144 reserved

  37-1-143 and 37-1-144 reserved.
MT Code § 37-1-145 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 1. Duties and Authority of Department, Director, and Boards|37-1-145. Military training or experience to satisfy licensing or certification requirements -- rulemaking

  37-1-145. Military training or experience to satisfy licensing or certification requirements -- rulemaking. (1) Each licensing board or the department on behalf of a program shall adopt rules that provide that certification or licensure requirements established by that board or program may be met by relevant military training, service, or education completed by an individual as a member of the armed forces or reserves of the United States, the national guard of a state, or the military reserves.  (2) (a) An applicant for certification or licensure shall provide to the board or, if applying for licensure by a program, to the department satisfactory evidence, as specified in rule, of receiving military training, service, or education that is equivalent to relevant certification or licensure requirements.   (b) The department and each licensing board shall, upon presentation of satisfactory evidence by an applicant for certification or licensure, accept education, training, or service completed by an individual as a member of the armed forces or reserves of the United States, the national guard of a state, or the military reserves toward the qualifications to receive the license or certification.   History: En. Sec. 1, Ch. 310, L. 2013, and Sec. 1, Ch. 320, L. 2013; amd. Sec. 67, Ch. 261, L. 2021.
MT Code § 37-1-201 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 2. Licensure of Criminal Offenders|37-1-201. Purpose

  37-1-201. Purpose. It is the public policy of the legislature of the state of Montana to encourage and contribute to the rehabilitation of criminal offenders and to assist them in the assumption of the responsibilities of citizenship. The legislature finds that the public is best protected when offenders are given the opportunity to secure employment or to engage in a meaningful occupation, while licensure must be conferred with prudence to protect the interests of the public. The legislature finds that the process of licensure will be strengthened by instituting an effective mechanism for obtaining accurate public information regarding a license applicant's criminal background.   History: En. 66-4001 by Sec. 1, Ch. 490, L. 1975; R.C.M. 1947, 66-4001; amd. Sec. 1, Ch. 389, L. 2007.
MT Code § 37-1-202 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 2. Licensure of Criminal Offenders|37-1-202. Intent and policy

  37-1-202. Intent and policy. It is the intent of the legislature and the declared policy of the state that occupational licensure be granted or revoked as a police power of the state in its protection of the public health, safety, and welfare.   History: En. 66-4002 by Sec. 2, Ch. 490, L. 1975; R.C.M. 1947, 66-4002.
MT Code § 37-1-203 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 2. Licensure of Criminal Offenders|37-1-203. Conviction not a sole basis for denial

  37-1-203. Conviction not a sole basis for denial. Criminal convictions shall not operate as an automatic bar to being licensed to enter any occupation in the state of Montana. No licensing authority shall refuse to license a person solely on the basis of a previous criminal conviction; provided, however, where a license applicant has been convicted of a criminal offense and such criminal offense relates to the public health, welfare, and safety as it applies to the occupation for which the license is sought, the licensing agency may, after investigation, find that the applicant so convicted has not been sufficiently rehabilitated as to warrant the public trust and deny the issuance of a license.   History: En. 66-4003 by Sec. 3, Ch. 490, L. 1975; R.C.M. 1947, 66-4003.
MT Code § 37-1-204 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 2. Licensure of Criminal Offenders|37-1-204. Statement of reasons for denial

  37-1-204. Statement of reasons for denial. When a licensing agency prohibits an applicant from being licensed wholly or partially on the basis of a criminal conviction, the agency shall state explicitly in writing the reasons for the decision.   History: En. 66-4004 by Sec. 4, Ch. 490, L. 1975; R.C.M. 1947, 66-4004.
MT Code § 37-1-205 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 2. Licensure of Criminal Offenders|37-1-205. Licensure on completion of supervision

  37-1-205. Licensure on completion of supervision. Completion of probation or parole supervision without any subsequent criminal conviction is evidence of rehabilitation. However, the facts surrounding the situation that led to the probation or parole supervision may be considered as they relate to the occupation for which a license is sought, and this chapter may not be construed to prohibit licensure of a person while the person is under state supervision if the licensing agency finds insufficient evidence to preclude licensure.   History: En. 66-4005 by Sec. 5, Ch. 490, L. 1975; R.C.M. 1947, 66-4005; amd. Sec. 1349, Ch. 56, L. 2009.
MT Code § 37-1-301 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-301. Purpose

  37-1-301. Purpose. The purpose of this part is to establish uniform guidelines for the licensing and regulation of professions and occupations under the jurisdiction of professional and occupational licensing boards governed by this part.   History: En. Sec. 1, Ch. 429, L. 1995.
MT Code § 37-1-302 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-302. Definitions

  37-1-302. Definitions. As used in this part, the following definitions apply:   (1) "Board" means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121.   (2) "Complaint" means a written allegation filed with a board that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant.   (3) "Department" means the department of labor and industry.   (4) "Inspection" means the periodic examination of premises, equipment, or procedures or of a practitioner by the department to determine whether the practitioner's profession or occupation is being conducted in a manner consistent with the public health, safety, and welfare.   (5) "Investigation" means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a written complaint or other information before a board, that is carried out for the purpose of determining:   (a) whether a person has violated a provision of law justifying discipline against the person;   (b) the status of compliance with a stipulation or order of the board;   (c) whether a license should be granted, denied, or conditionally issued; or   (d) whether a board should seek an injunction.   (6) "License" means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration.   (7) "Profession" or "occupation" means a profession or occupation regulated by a board.   History: En. Sec. 2, Ch. 429, L. 1995; amd. Sec. 110, Ch. 483, L. 2001; amd. Sec. 14, Ch. 467, L. 2005; amd. Sec. 9, Ch. 502, L. 2007.
MT Code § 37-1-303 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-303. Scope

  37-1-303. Scope. This part governs the licensure, the practice and unauthorized practice, and the discipline of professions and occupations governed by this title unless otherwise provided by statutes relating to a specific board and the profession or occupation it regulates. The provisions of this chapter must be construed to supplement the statutes relating to a specific board and the profession it regulates. The method for initiating and judging a disciplinary proceeding, specified in 37-1-307(1)(d), must be used by a board in all disciplinary proceedings involving licensed professionals.   History: En. Sec. 3, Ch. 429, L. 1995; amd. Sec. 40, Ch. 44, L. 2007.
MT Code § 37-1-304 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-304. Licensure of out-of-state applicants -- reciprocity

  37-1-304. Licensure of out-of-state applicants -- reciprocity. (1) A board shall issue a license to practice without examination to a person licensed in another state if the board determines that:   (a) the other state's license standards at the time of application to this state are substantially equivalent to or greater than the standards in this state; and   (b) there is no reason to deny the license under the laws of this state governing the profession or occupation.   (2) The license may be issued if the applicant affirms or states in the application that the applicant has requested verification from the state or states in which the person is licensed that the person is currently licensed and is not subject to pending charges or final disciplinary action for unprofessional conduct or impairment. If the board or its screening panel finds reasonable cause to believe that the applicant falsely affirmed or stated that the applicant has requested verification from another state, the board may summarily suspend the license pending further action to discipline or revoke the license.   (3) This section does not prevent a board from entering into a reciprocity agreement with the licensing authority of another state or jurisdiction. The agreement may not permit out-of-state licensees to obtain a license by reciprocity within this state if the license applicant has not met standards that are substantially equivalent to or greater than the standards required in this state as determined by the board on a case-by-case basis.   History: En. Sec. 4, Ch. 429, L. 1995; amd. Sec. 1, Ch. 210, L. 1997; amd. Sec. 1, Ch. 100, L. 2011; amd. Sec. 1, Ch. 83, L. 2019.
MT Code § 37-1-305 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-305. Temporary practice permits

  37-1-305. Temporary practice permits. (1) (a) A board may issue a temporary practice permit to a person licensed in another state that has licensing standards substantially equivalent to those of this state if the board determines that there is no reason to deny the license under the laws of this state governing the profession or occupation.   (b) The board shall issue a temporary practice permit as provided in this section within 45 calendar days of receiving a completed application. The board shall notify an applicant within 10 days of receiving an application under this section of deficiencies in the application or provide information as to any exigent circumstances that may delay issuing a temporary practice permit.   (c) The person may practice under the permit until a license is granted or until a notice of proposal to deny a license is issued.   (d) The permit may be issued in the board's discretion if the applicant verifies or states in the application that the applicant has requested verification from the state or states in which the person is licensed that the person is currently licensed and is not subject to pending charges or final disciplinary action for unprofessional conduct or impairment. If the board or its screening panel finds reasonable cause to believe that the applicant falsely affirmed or stated that the applicant has requested verification from the other state or states, the board may summarily suspend the permit pending further action to discipline or revoke the permit.   (2) A board may issue a temporary practice permit to a person seeking licensure in this state who has met all licensure requirements other than passage of the licensing examination. Except as provided in 37-68-311 and 37-69-306, a permit is valid until the person either fails the first license examination for which the person is eligible following issuance of the permit or passes the examination and is granted a license. Determination regarding whether the applicant has met all licensure requirements except passage of the licensing examination must occur within 45 calendar days on a routine, complete application.   History: En. Sec. 5, Ch. 429, L. 1995; amd. Sec. 1, Ch. 203, L. 1999; amd. Sec. 2, Ch. 100, L. 2011; amd. Sec. 2, Ch. 195, L. 2019.
MT Code § 37-1-306 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-306. Continuing education -- certification -- other qualifications for continued licensure -- audit

  37-1-306. Continuing education -- certification -- other qualifications for continued licensure -- audit. (1) A board may require licensees to participate in flexible, cost-efficient, effective, and geographically accessible continuing education or continued state, regional, or national certification for licensure.   (2) A board that requires continuing education or state, regional, or national certification may not audit or require proof of continuing education or certification as a precondition for license renewal. However, a licensee who reactivates a license after the license has expired, as provided in 37-1-141, is subject to a mandatory continuing education audit.   (3) Except as provided in 37-50-305, after the lapsed date provided for in 37-1-141, the board or department may conduct a random audit of up to 50% of all licensees who have renewed their licenses to determine compliance with board or program continuing education requirements.   (4) The board or department may audit licensees for compliance with state, regional, or national certification or other board or department requirements.   (5) The board or department shall provide a licensee not in compliance with continuing education or certification requirements with an opportunity to cure the noncompliance as provided in 37-1-321.   History: En. Sec. 6, Ch. 429, L. 1995; amd. Sec. 15, Ch. 467, L. 2005; amd. Sec. 4, Ch. 80, L. 2015; amd. Sec. 1, Ch. 50, L. 2019.
MT Code § 37-1-308 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-308. Unprofessional conduct -- complaint -- investigation -- immunity -- exceptions

  37-1-308. Unprofessional conduct -- complaint -- investigation -- immunity -- exceptions. (1) Except as provided in subsections (4) and (5), a person, government, or private entity may submit a written complaint to the department charging a licensee or license applicant with a violation of this part and specifying the grounds for the complaint.   (2) If the department receives a written complaint or otherwise obtains information that a licensee or license applicant may have committed a violation of this part, the department may, with the concurrence of a member of the screening panel established in 37-1-307, investigate to determine whether there is reasonable cause to believe that the licensee or license applicant has committed the violation.   (3) A person or private entity, but not a government entity, filing a complaint under this section in good faith is immune from suit in a civil action related to the filing or contents of the complaint.   (4) A person under legal custody of a county detention center or incarcerated under legal custody of the department of corrections may not file a complaint under subsection (1) against a licensed or certified provider of health care or rehabilitative services for services that were provided to the person while detained or confined in a county detention center or incarcerated under legal custody of the department of corrections unless the complaint is first reviewed by a correctional health care review team provided for in 37-1-331.   (5) A board member may file a complaint with the board on which the member serves or otherwise act in concert with a complainant in developing, authoring, or initiating a complaint to be filed with the board if the board member determines that there are reasonable grounds to believe that a particular statute, rule, or standard has been violated.   History: En. Sec. 8, Ch. 429, L. 1995; amd. Sec. 4, Ch. 475, L. 1997; amd. Sec. 1, Ch. 375, L. 1999; amd. Sec. 9, Ch. 492, L. 2001.
MT Code § 37-1-309 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-309. Notice -- request for hearing

  37-1-309. Notice -- request for hearing. (1) If a reasonable cause determination is made pursuant to 37-1-307 that a violation of this part has occurred and the provisions of 37-1-321 do not apply, a notice must be prepared by department legal staff and served on the alleged violator. The notice may be served by certified mail to the current address on file with the board or by other means authorized by the Montana Rules of Civil Procedure. The notice may not allege a violation of a particular statute, rule, or standard unless the board or the board's screening panel, if one has been established, has made a written determination that there are reasonable grounds to believe that the particular statute, rule, or standard has been violated.   (2) A licensee or license applicant shall give the board the licensee's or applicant's current address and any change of address within 30 days of the change.   (3) The notice must state that the licensee or license applicant may request a hearing to contest the charge or charges. A request for a hearing must be in writing and received in the offices of the department within 20 days after the licensee's receipt of the notice. Failure to request a hearing constitutes a default on the charge or charges, and the board may enter a decision on the basis of the facts available to it.   History: En. Sec. 9, Ch. 429, L. 1995; amd. Sec. 10, Ch. 492, L. 2001; amd. Sec. 6, Ch. 80, L. 2015.
MT Code § 37-1-310 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-310. Hearing -- adjudicative procedures

  37-1-310. Hearing -- adjudicative procedures. The procedures in Title 2, chapter 4, governing adjudicative proceedings before agencies; the Montana Rules of Civil Procedure; and the Montana Rules of Evidence govern a hearing under this part. A board has all the powers and duties granted by Title 2, chapter 4.   History: En. Sec. 10, Ch. 429, L. 1995.
MT Code § 37-1-311 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-311. Findings of fact -- order -- report

  37-1-311. Findings of fact -- order -- report. (1) If the board decides by a preponderance of the evidence, following a hearing or on default, that a violation of this part occurred, the department shall prepare and serve the board's findings of fact and an order as provided in Title 2, chapter 4. If the licensee or license applicant is found not to have violated this part, the department shall prepare and serve the board's findings of fact and an order of dismissal of the charges.   (2) (a) The department shall within a reasonable amount of time report to the public the issuance of a summary suspension, a notice under 37-1-309, an accepted stipulation, a hearing examiner's proposed decision, and a final order.   (b) In addition to any other means of notice, the department shall post the required information on a publicly available website.   (c) This subsection (2) may not be construed to require a meeting to be open or records to be disseminated when the demands of individual privacy clearly exceed the merits of public disclosure.   History: En. Sec. 11, Ch. 429, L. 1995; amd. Sec. 4, Ch. 225, L. 2007.