reglab/housing_qa huggingface dataset:
MT Code § 37-43-302 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-302. License required

  37-43-302. License required. (1) The drilling, making, or construction of water wells and monitoring wells is declared to be a business and activity affecting the public interest and requiring reasonable standards of competence. Except as provided in subsection (2), it is unlawful for any water well contractor, water well driller, or monitoring well constructor to construct, alter, or rehabilitate a water well or a monitoring well without first having obtained a valid license therefor as provided for in this chapter. An individual who is licensed as a water well contractor is not required to have a separate water well driller's license to perform the actual construction work on the well or a separate license to install monitoring wells.   (2) A license is not required for:   (a) a person who drills, alters, or rehabilitates a water or monitoring well on land that is owned or leased by the person if:   (i) the land is used by the person for farming, ranching, or agricultural purposes or as the person's residence;   (ii) the person obtains a permit from the board; and   (iii) the construction of the well conforms to the minimum construction standards for water or monitoring wells set by board rule; or   (b) an apprentice water well driller who performs labor or services for a licensed water well contractor or driller in connection with the drilling of a water well at the direction and under the personal supervision of a licensed water well contractor or driller.   (3) (a) To obtain a permit under subsection (2)(a), a person shall file with the department an application containing the applicant's name and mailing address, the location of the proposed well, the nature of the applicant's ownership interest in the property on which the well is to be located, the construction or installation method to be used, and the use for the proposed well.   (b) The board shall promptly issue a permit if it finds that:   (i) the well is located on land that the applicant owns or leases and that the applicant uses for farming, ranching, or agricultural purposes or as the applicant's residence; and   (ii) the construction or installation method to be used meets the minimum standards for water wells or monitoring wells set by board rule.   History: En. Sec. 3, Ch. 176, L. 1961; R.C.M. 1947, 66-2603; amd. Sec. 19, Ch. 22, L. 1979; amd. Sec. 4, Ch. 728, L. 1985; amd. Sec. 7, Ch. 538, L. 1987; amd. Sec. 4, Ch. 516, L. 1989; amd. Sec. 1404, Ch. 56, L. 2009.
MT Code § 37-43-303 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-303. Application -- fee

  37-43-303. Application -- fee. (1) Except as provided in 37-43-302(2), a person desiring to engage in the drilling, making, construction, alteration, or rehabilitation of one or more water or monitoring wells for underground water in this state shall first file an application with the department for a license. The application must set forth the applicant's qualifications, the equipment proposed to be used in the contracting, and other matters required by the board on forms adopted by the board.   (2) The department shall charge a fee prescribed by the board for filing an application. The application shall not be acted on until the fee has been paid. Fees collected under this section shall be deposited in the state special revenue fund for the use of the board.   (3) An appropriate license shall be issued to an applicant if, in the opinion of the board, the applicant is qualified to conduct water well or monitoring well construction operations. In the granting of licenses, the board shall have due regard for the interest of this state in the protection of its underground waters.   History: En. Sec. 6, Ch. 176, L. 1961; amd. Sec. 154, Ch. 147, L. 1963; amd. Sec. 4, Ch. 234, L. 1963; amd. Sec. 255, Ch. 350, L. 1974; R.C.M. 1947, 66-2606(1); amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 3, Ch. 642, L. 1983; amd. Sec. 5, Ch. 728, L. 1985; amd. Sec. 8, Ch. 538, L. 1987; amd. Sec. 9, Ch. 769, L. 1991.
MT Code § 37-43-304 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-304. Repealed

  37-43-304. Repealed. Sec. 18, Ch. 538, L. 1987.   History: En. Sec. 6, Ch. 176, L. 1961; amd. Sec. 154, Ch. 147, L. 1963; amd. Sec. 4, Ch. 234, L. 1963; amd. Sec. 255, Ch. 350, L. 1974; R.C.M. 1947, 66-2606(2); amd. Sec. 6, Ch. 728, L. 1985.
MT Code § 37-43-306 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-306. Bond to be required

  37-43-306. Bond to be required. (1) The department, on issuance of a water well contractor's or monitoring well constructor's license under this chapter, shall require, before the person commences operations in this state, a good and sufficient surety bond or its equivalent in a certificate of deposit, cashier's check, bank draft, or certified check, to be approved by the board, in the sum of $4,000, conditioned that the licensee will comply with the rules of the board.   (2) A person who is licensed in more than one category need supply only one surety bond or its equivalent in a certificate of deposit, cashier's check, bank draft, or certified check, to be approved by the board, for $4,000.   (3) A state or federal employee who is bonded by the state or federal government is not required to supply a bond during the course of employment with the state or federal government. A bond is required if the person ceases government employment.   (4) In lieu of the requirements of subsections (1) through (3), a firm, corporation, or partnership having more than two licensed water well contractors or monitoring well constructors may submit one bond in the amount of $10,000 for the entire firm, corporation, or partnership.   History: En. Sec. 9, Ch. 176, L. 1961; amd. Sec. 5, Ch. 232, L. 1974; amd. Sec. 258, Ch. 350, L. 1974; amd. Sec. 2, Ch. 268, L. 1975; R.C.M. 1947, 66-2609; amd. Sec. 5, Ch. 642, L. 1983; amd. Sec. 8, Ch. 728, L. 1985; amd. Sec. 10, Ch. 538, L. 1987; amd. Sec. 6, Ch. 516, L. 1989; amd. Sec. 1406, Ch. 56, L. 2009.
MT Code § 37-43-307 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-307. Annual renewal -- fee -- revocation for nonrenewal

  37-43-307. Annual renewal -- fee -- revocation for nonrenewal. (1) The term for licenses issued under this chapter is from July 1 of each year through the following June 30. After the payment of the initial fee under 37-43-303, a licensee shall pay, before the first day of each license year, a renewal fee as prescribed by the board.   (2) Subject to subsection (3), if a licensee does not apply for renewal of the license before the first day of a license year and remit to the department the renewal fee, the license must be suspended by the board. Subject to subsection (3), if the license remains suspended for a period of more than 30 days after the first day of a license year, it must be revoked by the board. However, the department, prior to this revocation, shall notify the licensee of the board's intention to revoke at least 10 days prior to the time set for action to be taken by the board on the license, by mailing notice to the licensee at the address appearing for the licensee in the records and files of the department. A license once revoked may not be reinstated unless it appears that an injustice has occurred indicating to the board that the licensee was not guilty of negligence or laches. If a person whose license has been revoked through the person's own fault desires to engage in the business of water well drilling or monitoring well construction in this state or contracting for those services, the person shall apply under 37-43-303. Notice of suspension must be given to a licensee when the suspension occurs.   (3) This section may not be interpreted to conflict with the provisions of 37-1-138.   History: En. Sec. 7, Ch. 176, L. 1961; amd. Sec. 256, Ch. 350, L. 1974; R.C.M. 1947, 66-2607; amd. Sec. 6, Ch. 642, L. 1983; amd. Sec. 11, Ch. 538, L. 1987; amd. Sec. 10, Ch. 769, L. 1991; amd. Sec. 44, Ch. 271, L. 2003.
MT Code § 37-43-308 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-308. Reciprocity

  37-43-308. Reciprocity. If a person holding a license entitling the person to drill water wells or monitoring wells in another state applies for a Montana water well contractor's, water well driller's, or monitoring well constructor's license, the board may waive the apprenticeship requirements and examination requirements if it finds that the standards and requirements of the state in which the applicant is licensed are equal to or exceed those of Montana. However, the board may require the applicant to successfully complete an examination based on Montana statutes and rules relating to the drilling of water wells or monitoring wells in this state.   History: En. Sec. 8, Ch. 642, L. 1983; amd. Sec. 12, Ch. 538, L. 1987; amd. Sec. 7, Ch. 516, L. 1989; amd. Sec. 1407, Ch. 56, L. 2009.
MT Code § 37-43-309 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-309. Complaints and investigations

  37-43-309. Complaints and investigations. The board may investigate complaints against licensees to determine compliance with the laws and rules of this chapter. Licensees must be given an opportunity to respond to complaints and demonstrate or achieve legal compliance prior to disciplinary action. The board may require complainants and licensees to appear before the board to discuss complaints and to attempt to settle differences.   History: En. Sec. 3, Ch. 284, L. 1993.
MT Code § 37-43-310 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-310. Disciplinary procedure

  37-43-310. Disciplinary procedure. (1) If, after investigation and attempted settlement under 37-43-309, compliance with lawful requirements is not demonstrated or achieved, the board may initiate discipline by issuing a proposed disciplinary order. The proposed order must state the factual and legal basis for the order and identify the witnesses, documents, logs, and reports relied upon by the board in reaching a decision. Copies of any documents, logs, or reports must be attached to the proposed order.   (2) The board shall mail or deliver a copy of the proposed order to the licensee, along with notice that the licensee may request a hearing to show cause why the order should be rejected or modified. If a hearing is not requested within 20 days, the board shall adopt the proposed order as a final order.   (3) A request for hearing must be in writing and specify which, if any, board witnesses the licensee wishes to cross-examine. If a timely request for hearing is received, the board shall schedule a hearing before the board or assign a hearings examiner to conduct the hearing at a later date to be set by the hearings examiner. The board shall make the specified witnesses available for cross-examination at the hearing.   (4) The licensee has the burden to show cause why the proposed order should be rejected or modified. The licensee may cross-examine the board's witnesses, present evidence, propose alternative discipline, argue issues of law and fact, or otherwise attempt to convince the board that the proposed order should be rejected or modified.   (5) After considering the evidence, proposals, and arguments presented at the hearing, the board shall issue its final order adopting, rejecting, or modifying the proposed order. The final order must state the reason for the adoption, rejection, or modification of the proposed order.   (6) A final disciplinary order may be appealed to the district court in the first judicial district and is reviewable according to the rules and standards for judicial review of contested cases pursuant to the Montana Administrative Procedure Act.   History: En. Sec. 4, Ch. 284, L. 1993.
MT Code § 37-43-311 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-311. Repealed

  37-43-311. Repealed. Sec. 7, Ch. 284, L. 1993.   History: En. Sec. 10, Ch. 176, L. 1961; amd. Sec. 259, Ch. 350, L. 1974; R.C.M. 1947, 66-2610; amd. Sec. 7, Ch. 642, L. 1983.
MT Code § 37-43-312 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-312. Penalty

  37-43-312. Penalty. Any person who shall willfully violate any lawful rule or order of the board or who shall engage in the business of drilling, making, altering, or rehabilitating water wells or monitoring wells without first having obtained a license as in this chapter required or who shall violate any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than $500 or imprisonment in a county jail for a term not exceeding 6 months, or both. Any violation of this chapter shall be prosecuted by the county attorney in the county in which the violation occurred or is occurring, and the trial thereof shall be held in that county.   History: En. Sec. 13, Ch. 176, L. 1961; R.C.M. 1947, 66-2613; amd. Sec. 13, Ch. 538, L. 1987.
MT Code § 37-43-313 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-313. Disciplinary authority

  37-43-313. Disciplinary authority. (1) If the board finds grounds for disciplinary action, as provided in subsection (2), the board may by order:   (a) require a licensee to repair or reconstruct substandard wells at the licensee's expense to meet board standards;   (b) require a licensee to take further training or education;   (c) place probationary terms and conditions on a license;   (d) suspend a license for a period not to exceed 1 year; or   (e) revoke a license, specifying that the licensee may not reapply for licensure for a period of 3 years from the date of revocation.   (2) Grounds for disciplinary action include:   (a) violating the rules, construction standards, or laws established by the board and this chapter;   (b) disobeying an order from the board to repair or reconstruct a substandard well;   (c) violating probationary terms of or conditions on a license;   (d) misrepresenting facts on well log reports, license or renewal applications, or apprenticeship records or in response to board inquiries; or   (e) failing to maintain qualifications for licensure as specified in 37-43-305.   (3) This section may not be interpreted to conflict with the provisions of 37-1-138.   History: En. Sec. 5, Ch. 284, L. 1993; amd. Sec. 45, Ch. 271, L. 2003.
MT Code § 37-43-314 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 3. Licensing|37-43-314. Injunctions

  37-43-314. Injunctions. The board may maintain an action to enjoin a person from engaging in the drilling, making, or construction of water wells or monitoring wells until a license to practice is procured. A person who has been enjoined and who violates the injunction is punishable for contempt of court.   History: En. Sec. 3, Ch. 728, L. 1985; amd. Sec. 5, Ch. 538, L. 1987; amd. Sec. 2, Ch. 284, L. 1993; Sec. 37-43-203, MCA 1991; redes. 37-43-314 by Code Commissioner, 1993.
MT Code § 37-43-401 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 4. Miscellaneous Provisions|37-43-401. No action or counterclaim to be maintained except by licensee

  37-43-401. No action or counterclaim to be maintained except by licensee. No action or counterclaim shall be maintained by any water well contractor, water well driller, or monitoring well constructor in any court in this state with respect to any agreement, work, labor, or materials for which a license is required by this chapter or to recover the agreed price or any compensation under any such agreement or for any such work, labor, or materials for which a license is required by this chapter without alleging and proving that such water well contractor, water well driller, or monitoring well constructor had a valid license at the time of making such agreement and of supplying such labor, work, or materials.   History: En. Sec. 12, Ch. 176, L. 1961; R.C.M. 1947, 66-2612; amd. Sec. 14, Ch. 538, L. 1987.
MT Code § 37-43-402 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 43. Water Well Contractors|Part 4. Miscellaneous Provisions|37-43-402. Completion of contracts by successor in interest of licensee

  37-43-402. Completion of contracts by successor in interest of licensee. Upon the transfer by operation of law to the successor in interest of a licensed water well contractor's or monitoring well constructor's rights under a contract or agreement for the drilling, making, or construction of a water well or monitoring well, the successor in interest to such rights shall be permitted to engage in the business of drilling, making, or construction of water wells or monitoring wells to the extent necessary to perform the obligations of said licensee under such contract or agreement, provided that such engagement in business shall be under the supervision of a licensed water well contractor or monitoring well constructor.   History: En. Sec. 1, Ch. 234, L. 1963; R.C.M. 1947, 66-2615; amd. Sec. 15, Ch. 538, L. 1987.
MT Code § 37-47-102 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 47. Outfitters and Guides|Part 1. General|37-47-102. Repealed

  37-47-102. Repealed. Sec. 22, Ch. 328, L. 1995.   History: En. Sec. 69, Ch. 173, L. 1917; re-en. Sec. 3748, R.C.M. 1921; re-en. Sec. 3748, R.C.M. 1935; amd. Sec. 4, Ch. 173, L. 1949; amd. Sec. 3, Ch. 184, L. 1951; amd. Sec. 2, Ch. 223, L. 1955; amd. Sec. 1, Ch. 541, L. 1975; amd. Sec. 16, Ch. 9, L. 1977; R.C.M. 1947, 26-904(2); amd. Sec. 3, Ch. 545, L. 1981; amd. Sec. 3, Ch. 528, L. 1987; Sec. 87-4-102, MCA 1985; redes. 37-47-102 by Sec. 11, Ch. 528, L. 1987.
MT Code § 37-47-103 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 47. Outfitters and Guides|Part 1. General|37-47-103. Repealed

  37-47-103. Repealed. Sec. 19, Ch. 341, L. 2013.   History: En. Sec. 23, Ch. 502, L. 2007.
MT Code § 37-47-201 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 47. Outfitters and Guides|Part 2. Board of Outfitters|37-47-201. Powers and duties of board relating to outfitters and guides

  37-47-201. Powers and duties of board relating to outfitters and guides. The board shall:  (1) cooperate with the federal government in matters of mutual concern regarding the business of outfitting and guiding in Montana;   (2) enforce the provisions of this chapter and rules adopted pursuant to this chapter;   (3) establish outfitter standards and guide standards;   (4) adopt:   (a) rules to administer and enforce this chapter, including rules prescribing all requisite qualifications for licensure as an outfitter or guide. Qualifications for outfitters may include training, testing, experience, and knowledge of rules of governmental bodies pertaining to outfitting.   (b) any reasonable rules, not in conflict with this chapter, necessary for safeguarding the public health, safety, and welfare, including evidence of qualification and licensure under this chapter for any person practicing or offering to practice as an outfitter or guide;   (c) rules specifying components and standards for review and approval of operations plans. Operations plans must:   (i) be updated at least annually if there has been a substantive change; and   (ii) indicate all forms of use of private land acreage where licensed outfitters are authorized by the landowner to operate, except for the use of private lands that allow unrestricted public access and are managed under cooperative agreements with adjacent public lands.   (d) rules establishing outfitter reporting requirements; and   (e) rules specifying what constitutes an emergency for which an outfitter's assistant may be hired, standards for outfitter's assistants, and documentation standards for proof of employment or retention required of outfitter's assistants. The rules must also identify data that may be collected regarding use of outfitter's assistants.   (5) hold hearings and proceedings to suspend or revoke licenses of outfitters and guides for due cause; and   (6) maintain records of net client hunter use.   History: En. Sec. 4, Ch. 221, L. 1971; amd. Sec. 38, Ch. 511, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-911; amd. Sec. 1, Ch. 490, L. 1981; amd. Sec. 5, Ch. 545, L. 1981; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 4, Ch. 528, L. 1987; Sec. 87-4-104, MCA 1985; redes. 37-47-201 by Sec. 11, Ch. 528, L. 1987; amd. Sec. 1, Ch. 220, L. 1993; amd. Sec. 3, Ch. 328, L. 1995; amd. Sec. 3, Ch. 543, L. 1999; amd. Sec. 98, Ch. 467, L. 2005; amd. Sec. 45, Ch. 44, L. 2007; amd. Sec. 2, Ch. 328, L. 2011; amd. Sec. 4, Ch. 241, L. 2013; amd. Sec. 2, Ch. 341, L. 2013; amd. Sec. 2, Ch. 217, L. 2017; amd. Sec. 1, Ch. 236, L. 2019; amd. Sec. 2, Ch. 281, L. 2021.
MT Code § 37-47-202 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 47. Outfitters and Guides|Part 2. Board of Outfitters|37-47-202. Executive director

  37-47-202. Executive director. The department may hire an executive director to assist the board in carrying out its duties under this chapter.   History: En. Sec. 1, Ch. 183, L. 1993; amd. Sec. 32, Ch. 492, L. 2001; amd. Sec. 11, Ch. 100, L. 2011.
MT Code § 37-47-301 (2021)
2021 Montana Code Annotated|Title 37. Professions and Occupations|Chapter 47. Outfitters and Guides|Part 3. Licensing|37-47-301. License required -- services performed -- standards

  37-47-301. License required -- services performed -- standards. (1) A person may not act as an outfitter or guide or advertise or otherwise represent to the public that the person is an outfitter or guide without first securing a license in accordance with the provisions of this part.  (2) Whenever an outfitter is engaged by a participant, the outfitter shall keep records as required by the board.   (3) Outfitters, guides, and other employees of an outfitter may not shoot, kill, or take big game animals for or in competition with those employing them while acting as outfitters, guides, or employees of an outfitter.   (4) Outfitters utilizing lands under the control of the United States government shall obtain the proper permits required by the government office responsible for the area in which the outfitter intends to operate and shall comply with all applicable rules and regulations established for these lands.   (5) Outfitters may not willfully and substantially misrepresent their facilities, prices, equipment, services, or hunting or fishing opportunities.   (6) Outfitters and their contractors, employees, agents, and representatives shall take every reasonable measure to provide the outfitter's advertised services.   (7) An outfitter may not hire or retain a guide who does not hold a current license as provided under this part.   History: En. Sec. 7, Ch. 221, L. 1971; amd. Sec. 20, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-914; amd. Sec. 8, Ch. 545, L. 1981; Sec. 87-4-121, MCA 1985; redes. 37-47-301 by Sec. 11, Ch. 528, L. 1987; amd. Sec. 2, Ch. 565, L. 1989; amd. Sec. 2, Ch. 220, L. 1993; amd. Sec. 4, Ch. 328, L. 1995; amd. Sec. 3, Ch. 341, L. 2013; amd. Sec. 3, Ch. 281, L. 2021.