reglab/housing_qa huggingface dataset:
MT Code § 37-1-312 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-312. Sanctions -- stay -- costs -- stipulations

  37-1-312. Sanctions -- stay -- costs -- stipulations. (1) Upon a decision that a licensee or license applicant has violated this part or is unable to practice with reasonable skill and safety due to a physical or mental condition or upon stipulation of the parties as provided in subsection (3), the board may issue an order providing for one or any combination of the following sanctions:   (a) revocation of the license;   (b) suspension of the license for a fixed or indefinite term;   (c) restriction or limitation of the practice;   (d) satisfactory completion of a specific program of remedial education or treatment;   (e) monitoring of the practice by a supervisor approved by the disciplining authority;   (f) censure or reprimand, either public or private;   (g) compliance with conditions of probation for a designated period of time;   (h) payment of a fine not to exceed $1,000 for each violation. Fines must be deposited in the state general fund.   (i) denial of a license application;   (j) refund of costs and fees billed to and collected from a consumer.   (2) A sanction may be totally or partly stayed by the board. To determine which sanctions are appropriate, the board shall first consider the sanctions that are necessary to protect or compensate the public. Only after the determination has been made may the board consider and include in the order any requirements designed to rehabilitate the licensee or license applicant.   (3) The licensee or license applicant may enter into a stipulated agreement resolving potential or pending charges that includes one or more of the sanctions in this section. The stipulation is an informal disposition for the purposes of 2-4-603.   (4) A licensee shall surrender a suspended or revoked license to the board within 24 hours after receiving notification of the suspension or revocation by mailing it or delivering it personally to the board.   History: En. Sec. 12, Ch. 429, L. 1995.
MT Code § 37-1-313 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-313. Appeal

  37-1-313. Appeal. (1) A person who is disciplined by a board under 37-1-308 through 37-1-312 or denied a license may appeal the decision to the district court as provided in Title 2, chapter 4.   (2) A person who disputes the department's deficiency determination made pursuant to 37-1-321 may appeal the decision to the board. Consideration of the dispute is not an adversarial or a contested case hearing. The board's decision may be appealed as provided in subsection (1).   History: En. Sec. 13, Ch. 429, L. 1995; amd. Sec. 7, Ch. 80, L. 2015.
MT Code § 37-1-314 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-314. Reinstatement

  37-1-314. Reinstatement. A licensee whose license has been suspended or revoked under this part may petition the board for reinstatement after an interval set by the board in the order. The board may hold a hearing on the petition and may deny the petition or order reinstatement and impose terms and conditions as provided in 37-1-312. The board may require the successful completion of an examination as a condition of reinstatement and may treat a licensee whose license has been revoked or suspended as a new applicant for purposes of establishing the requisite qualifications of licensure.   History: En. Sec. 14, Ch. 429, L. 1995.
MT Code § 37-1-315 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-315. Enforcement of fine

  37-1-315. Enforcement of fine. (1) If payment of a fine is included in an order and timely payment is not made as directed in the order, the board may enforce the order for payment in the district court of the first judicial district.   (2) In a proceeding for enforcement of an order of payment of a fine, the order is conclusive proof of the validity of the order of payment and the terms of payment.   History: En. Sec. 15, Ch. 429, L. 1995.
MT Code § 37-1-317 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-317. Practice without license -- investigation of complaint -- injunction -- penalties

  37-1-317. Practice without license -- investigation of complaint -- injunction -- penalties. (1) The department shall investigate complaints or other information received concerning practice by an unlicensed person of a profession or occupation for which a license is required by this title.   (2) (a) Unless otherwise provided by statute, a board may file an action to enjoin a person from practicing, without a license, a profession or occupation for which a license is required by this title. In addition to the penalty provided for in 37-1-318, a person violating an injunction issued pursuant to this section may be held in contempt of court.   (b) A person subject to an injunction for practicing without a license may also be subject to criminal prosecution. In a complaint for an injunction or in an affidavit, information, or indictment alleging that a person has engaged in unlicensed practice, it is sufficient to charge that the person engaged in the unlicensed practice of a licensed profession or occupation on a certain day in a certain county without averring further or more particular facts concerning the violation.   (3) Unless otherwise provided by statute, a person practicing a licensed profession or occupation in this state without complying with the licensing provisions of this title is guilty of a misdemeanor punishable by a fine of not less than $250 or more than $1,000, imprisonment in the county jail for not less than 90 days or more than 1 year, or both. Each violation of the provisions of this chapter constitutes a separate offense.   (4) The department may issue a citation to and collect a fine, as provided in 37-68-316 and 37-69-310, from a person at a job site who is performing plumbing or electrical work and who fails to display a license or proof of licensure at the request of an employee of the department who bears responsibility for compliance with licensure requirements.   History: En. Sec. 17, Ch. 429, L. 1995; amd. Sec. 3, Ch. 230, L. 1999; amd. Sec. 1, Ch. 402, L. 1999.
MT Code § 37-1-318 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-318. Violation of injunction -- penalty

  37-1-318. Violation of injunction -- penalty. A person who violates an injunction issued under 37-1-317 shall pay a civil penalty, as determined by the court, of not more than $5,000. Fifty percent of the penalty must be deposited in the general fund of the county in which the injunction is issued, and 50% must be deposited in the state general fund.   History: En. Sec. 18, Ch. 429, L. 1995.
MT Code § 37-1-319 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-319. Rules

  37-1-319. Rules. A board may adopt rules:   (1) under the guidelines of 37-1-306, regarding continuing education and establishing the number of hours required each year, the methods of obtaining education, education topics, and carrying over hours to subsequent years;   (2) regarding practice limitations for temporary practice permits issued under 37-1-305 and designed to ensure adequate supervision of the practice until all qualifications for licensure are met and a license is granted;   (3) regarding qualifications for inactive license status that may require compliance with stated continuing education requirements and may limit the number of years a person may remain on inactive status without having to reestablish qualifications for licensure;   (4) regarding maintenance and safeguarding of client funds or property possessed by a licensee and requiring the funds or property to be maintained separately from the licensee's funds and property; and   (5) defining acts of unprofessional conduct, in addition to those contained in 37-1-316, that constitute a threat to public health, safety, or welfare and that are inappropriate to the practice of the profession or occupation.   History: En. Sec. 19, Ch. 429, L. 1995.
MT Code § 37-1-320 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-320. Mental intent -- unprofessional conduct

  37-1-320. Mental intent -- unprofessional conduct. A licensee may be found to have violated a provision of 37-1-316 or a rule of professional conduct enacted by a governing board without proof that the licensee acted purposefully, knowingly, or negligently.   History: En. Sec. 7, Ch. 492, L. 2001.
MT Code § 37-1-321 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-321. Authority to administratively suspend license

  37-1-321. Authority to administratively suspend license. (1) A board, the department if authorized by the board, or the department for programs without a board may administratively suspend a license when:   (a) an audit of continuing education, certification, or other qualifications necessary for continued licensure demonstrates that the licensee is noncompliant with requirements established by the board or by the department for a program;   (b) the licensee fails to respond to a board or department audit as provided in subsection (1)(a);   (c) the department receives notice of insufficient funds in the account used by the licensee to pay for an administrative fee or a board fee or fine;   (d) the department has reasonable grounds to believe the licensee did not possess the qualifications for initial issuance of the license; or   (e) a licensee fails to comply with the terms of a final order imposed pursuant to 37-1-312 or 37-1-405.   (2) Upon identifying one or more of the deficiencies listed in subsection (1), the department shall inform the licensee in writing and provide the licensee 60 days from the date of the correspondence to cure the deficiency.   (3) If the licensee fails to cure the deficiency as provided in subsection (2), a board, the department if authorized by the board, or the department for programs without a board may administratively suspend the license without additional notice or opportunity for hearing.   (4) (a) The administrative suspension remains in effect until:   (i) a board, the department if authorized by the board, or the department for programs without a board determines the licensee has cured the deficiency; or   (ii) the license terminates as provided in 37-1-141.   (b) An administratively suspended license that is not renewed lapses, expires, or terminates as provided in 37-1-141.   (5) A licensee may not use a protected title or practice the licensed profession or occupation while the license is administratively suspended.   (6) To reinstate the administratively suspended license, a licensee must pay an administrative fee established by the department by rule and submit information necessary to cure the deficiencies as determined in the discretion of the department.   (7) Instead of an administrative suspension, the department may refer the deficiencies demonstrated in subsection (1) for disciplinary proceedings as provided in 37-1-309 or 37-1-403, as applicable. A board or the department may not proceed against a licensee for the same act or failure to act under both an administrative suspension as provided in this section and a disciplinary proceeding as provided in 37-1-309 or 37-1-403.   History: En. Sec. 1, Ch. 80, L. 2015.
MT Code § 37-1-322 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-322. through 37-1-330 reserved

  37-1-322 through 37-1-330 reserved.
MT Code § 37-1-332 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 3. Uniform Professional Licensing and Regulation Procedures|37-1-332. Administrative proceedings to stop unlicensed practice -- board of realty regulation -- state electrical board -- board of plumbers

  37-1-332. Administrative proceedings to stop unlicensed practice -- board of realty regulation -- state electrical board -- board of plumbers. (1) For purposes of this section, the term "board" means the board of realty regulation provided for in 2-15-1757, the state electrical board provided for in 2-15-1764, or the board of plumbers provided for in 2-15-1765.  (2) (a) After investigation under 37-1-317, the board may establish a screening panel to determine if there is reasonable cause to believe a person has engaged in or is engaging in any act or practice constituting unlicensed practice of a profession or occupation.   (b) If reasonable cause is found under subsection (2)(a), the board may initiate a contested case proceeding against the person pursuant to the Montana Administrative Procedure Act in Title 2, chapter 4, part 6.   (3) Following a contested case proceeding, the board may apply any of the following sanctions to a person found to have engaged in the unlicensed practice of a profession or occupation:   (a) impose a civil penalty not to exceed $1,500 for each violation and not to exceed a total of $5,000 for all related violations; and   (b) require the person to pay up to $5,000 for the costs of the administrative proceedings, including but not limited to costs allowable under Title 25, chapter 10, but excluding the costs of investigation and the board's attorney fees.   (4) Judicial review of any contested case under this section must be filed in the district where the violation occurred, pursuant to the Montana Administrative Procedure Act in Title 2, chapter 4, part 7.   (5) The remedies provided by this section are in addition to all other remedies or actions that may be taken, including those authorized by 37-1-317. The remedies provided by this section may not be applied either to licensees or to employees of licensees.   History: En. Sec. 1, Ch. 212, L. 2015; amd. Sec. 16, Ch. 535, L. 2021.
MT Code § 37-1-401 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-401. Uniform regulation for licensing programs without boards -- definitions

  37-1-401. Uniform regulation for licensing programs without boards -- definitions. As used in this part, the following definitions apply:  (1) "Complaint" means a written allegation filed with the department that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant.   (2) "Department" means the department of labor and industry provided for in 2-15-1701.   (3) "Investigation" means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a complaint or other information before the department, 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 department;   (c) whether a license should be granted, denied, or conditionally issued; or   (d) whether the department should seek an injunction.   (4) "License" means permission in the form of a license, permit, endorsement, certificate, recognition, or registration granted by the state of Montana to engage in a business activity or practice at a specific level in a profession or occupation governed by:   (a) Title 37, chapter 35, 72, or 73; or   (b) Title 50, chapter 39, 74, or 76.   (5) "Profession" or "occupation" means a profession or occupation regulated by the department under the provisions of:   (a) Title 37, chapter 35, 49, 72, or 73; or   (b) Title 50, chapter 39, 74, or 76.   History: En. Sec. 1, Ch. 481, L. 1997; amd. Sec. 111, Ch. 483, L. 2001; amd. Sec. 21, Ch. 410, L. 2003; amd. Sec. 18, Ch. 11, L. 2007; amd. Sec. 10, Ch. 502, L. 2007; amd. Sec. 7, Ch. 206, L. 2021.
MT Code § 37-1-402 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-402. Unprofessional conduct -- complaint -- investigation -- immunity

  37-1-402. Unprofessional conduct -- complaint -- investigation -- immunity. (1) 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 violated a requirement of this part, the department may 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.   History: En. Sec. 2, Ch. 481, L. 1997.
MT Code § 37-1-403 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-403. Notice -- request for hearing

  37-1-403. Notice -- request for hearing. (1) If the department determines that reasonable cause exists supporting the allegation made in a complaint and the provisions of 37-1-321 do not apply, the department legal staff shall prepare a notice and serve the alleged violator. The notice may be served by certified mail to the current address on file with the department or by other means authorized by the Montana Rules of Civil Procedure.   (2) A licensee or license applicant shall give the department 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 must be 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 department may enter a decision on the basis of the facts available to it.   History: En. Sec. 3, Ch. 481, L. 1997; amd. Sec. 8, Ch. 80, L. 2015.
MT Code § 37-1-404 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-404. Hearing -- adjudicative procedures

  37-1-404. 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. The department has all the powers and duties granted by Title 2, chapter 4.   History: En. Sec. 4, Ch. 481, L. 1997.
MT Code § 37-1-405 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-405. Findings of fact -- order -- report

  37-1-405. Findings of fact -- order -- report. (1) If the department finds by a preponderance of the evidence, following a hearing or on default, that a violation of this part has occurred, the department shall prepare and serve findings of fact, conclusions of law, 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 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 37-1-403, 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. 5, Ch. 481, L. 1997; amd. Sec. 5, Ch. 225, L. 2007.
MT Code § 37-1-406 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-406. Sanctions -- stay -- costs -- stipulations

  37-1-406. Sanctions -- stay -- costs -- stipulations. (1) Upon a decision that a licensee or license applicant has violated this part or is unable to practice with reasonable skill and safety due to a physical or mental condition or upon stipulation of the parties as provided in subsection (4), the department may issue an order providing for one or any combination of the following sanctions:   (a) revocation of the license;   (b) suspension of the license for a fixed or indefinite term;   (c) restriction or limitation of the practice;   (d) satisfactory completion of a specific program of remedial education or treatment;   (e) monitoring of the practice by a supervisor approved by the disciplining authority;   (f) censure or reprimand, either public or private;   (g) compliance with conditions of probation for a designated period of time;   (h) payment of a fine not to exceed $1,000 for each violation;   (i) denial of a license application;   (j) refund of costs and fees billed to and collected from a consumer.   (2) Any fine collected by the department as a result of disciplinary actions must be deposited in the state general fund.   (3) A sanction may be totally or partly stayed by the department. To determine which sanctions are appropriate, the department shall first consider the sanctions that are necessary to protect or compensate the public. Only after the determination has been made may the department consider and include in the order any requirements designed to rehabilitate the licensee or license applicant.   (4) The licensee or license applicant may enter into a stipulated agreement resolving potential or pending charges that includes one or more of the sanctions in this section. The stipulation is an informal disposition for the purposes of 2-4-603.   (5) A licensee shall surrender a suspended or revoked license to the department within 24 hours after receiving notification of the suspension or revocation by mailing the license or delivering it personally to the department.   History: En. Sec. 6, Ch. 481, L. 1997.
MT Code § 37-1-407 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 1. General Provisions|Part 4. Uniform Regulations for Licensing Programs Without Boards|37-1-407. Appeal

  37-1-407. Appeal. (1) A person who is disciplined by the department under 37-1-402 through 37-1-406 or denied a license may appeal the decision to the district court as provided in Title 2, chapter 4.   (2) A person who disputes the department's deficiency determination made pursuant to 37-1-321 may appeal the decision to the commissioner of labor and industry. Consideration of the dispute is not an adversarial or a contested case hearing. The commissioner's decision may be appealed as provided in subsection (1).   History: En. Sec. 7, Ch. 481, L. 1997; amd. Sec. 9, Ch. 80, L. 2015.