reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 21. Mausoleum and Columbarium Authorities › Part 8. Mausoleum-Columbarium Authorities › 35-21-847. Fund trustees -- compensation -- annual financial report

35-21-847. Fund trustees -- compensation -- annual financial report.
(1) The mausoleum-columbarium authority may appoint a board of trustees, of not less than five members, for its endowment care fund. The members of the board of trustees shall hold office subject to the discretion of the mausoleum-columbarium authority.
(2) The directors of a mausoleum-columbarium authority may be constituted as the trustees of its endowment care fund. When the fund is in the care of the directors as a board of trustees, the secretary of the mausoleum-columbarium authority shall act as secretary of the board of trustees and keep a true record of all of its proceedings. The investments of the endowment care fund may be held in the name of the mausoleum-columbarium authority.
(3) In lieu of the appointment of a board of trustees of its endowment care fund, a mausoleum-columbarium authority may appoint as sole trustee of its endowment care fund any bank or trust company qualified to engage in the trust business in the state of Montana, and the bank or trust company is authorized to receive and accept the fund and all accretions to the fund, including any accumulated endowment care fund in existence at the time of the bank's or trust company's appointment.
(4) A sum in excess of 5% of the income derived from the fund in any year may not be paid as compensation to the board of trustees for its services as trustee, provided that if 5% of the income divided by the number of trustees is less than $100, each trustee is entitled to receive a minimum of $100 a year for serving as a trustee.
(5) The mausoleum-columbarium authority or the persons in whose names the endowment care funds are held shall, annually and within 90 days after the end of the calendar or fiscal year of the mausoleum-columbarium authority, make and file with the district court in the county in which the mausoleum-columbarium is located a true and correct written report, verified on oath by an officer of the mausoleum-columbarium authority or by the oath of one or more of the trustees, showing the actual financial condition of the endowment care fund.
History: En. Sec. 23, Ch. 283, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 21. Mausoleum and Columbarium Authorities › Part 8. Mausoleum-Columbarium Authorities › 35-21-848. Endowment care fund gifts and contributions

35-21-848. Endowment care fund gifts and contributions.
(1) (a) A mausoleum-columbarium authority that has established an endowment care fund may take, receive, and hold as a part of or incident to the fund any property, real, personal, or mixed, bequeathed, devised, granted, given, or otherwise contributed to it for its endowment care fund.
(b) A mausoleum-columbarium authority that has established endowment care may also take and hold any property bequeathed, granted, or given to it in trust to apply the principal or proceeds or income to any of the following purposes:
(i) improvement or embellishment of all or any part of the mausoleum or columbarium or any plot in it;
(ii) planting or cultivation of trees, shrubs, or plants in or around any part of the grounds on which the mausoleum-columbarium is situated;
(iii) special care or ornamenting of any part of any plot, section, corridor, or other portion of the mausoleum-columbarium;
(iv) any purpose or use not inconsistent with the purpose for which the mausoleum-columbarium was established or is maintained.
(2) The endowment care fund and all payments or contributions to it are expressly permitted as and for charitable and eleemosynary purposes. Endowment care is a provision for the discharge of a duty from the persons contributing to the persons interred and to be interred in the mausoleum-columbarium and a provision for the benefit and protection of the public by preserving and keeping mausoleum-columbariums from becoming unkept and places of reproach and desolation in the communities in which they are situated.
(3) A payment, gift, grant, bequest, or other contribution for general endowment care is not invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the trust, and the fund or any contribution to it is not invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property.
History: En. Sec. 24, Ch. 283, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 21. Mausoleum and Columbarium Authorities › Part 8. Mausoleum-Columbarium Authorities › 35-21-849. Signs required for nonendowment and endowment care -- penalties

35-21-849. Signs required for nonendowment and endowment care -- penalties.
(1) A nonendowment care mausoleum-columbarium is one that does not deposit in an endowment care fund.
(2) Each mausoleum-columbarium authority operating an endowment care mausoleum or columbarium shall post in a conspicuous place in its office or offices where sales are conducted and in a conspicuous place at or near the entrance of the mausoleum or columbarium or its administration building and readily accessible to the public a legible sign with the following phrase: "This is an endowment care property".
(3) Each mausoleum-columbarium authority operating a nonendowment care mausoleum or columbarium shall post in a conspicuous place in its office or offices where sales are conducted and in a conspicuous place at or near the entrance of the mausoleum or columbarium or its administration building and readily accessible to the public a legible sign with the following phrase: "This is not an endowment care property". This phrase likewise must be printed or stamped at the beginning of all contracts, certificates of ownership, or deeds.
(4) Any corporation or its agents or representatives who violate any of the provisions of this section or make any false statement appearing on a sign, contract, agreement, receipt, statement, literature, or other publication are guilty of a misdemeanor.
History: En. Sec. 25, Ch. 283, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 21. Mausoleum and Columbarium Authorities › Part 8. Mausoleum-Columbarium Authorities › 35-21-850. Annual report of endowment care mausoleum-columbarium

35-21-850. Annual report of endowment care mausoleum-columbarium.
(1) Each mausoleum-columbarium authority operating an endowment care mausoleum or columbarium shall file in its principal office a written report that must be available to any plot owner and that must contain, as of the close of its last fiscal year:
(a) the amount of principal of the endowment care fund; and
(b) the total amount invested in bonds, securities, or other investments authorized by law and the total amount of cash on hand not invested, which must actually show the financial condition of the trust.
(2) All of the information appearing on the report filed in the mausoleum-columbarium authority office must be revised annually and verified by the president and secretary or two officers authorized by the mausoleum-columbarium authority.
History: En. Sec. 26, Ch. 283, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 21. Mausoleum and Columbarium Authorities › Part 8. Mausoleum-Columbarium Authorities › 35-21-851. Director, officer, or trustee loans -- penalties

35-21-851. Director, officer, or trustee loans -- penalties.
(1) A director or officer of the mausoleum-columbarium authority or trustee of the endowment care or special care fund may not borrow any endowment care or special care funds of the corporation, directly or indirectly.
(2) A director, officer, or trustee authorizing or consenting to a loan and the person who receives a loan in violation of this section are severally guilty of a misdemeanor.
History: En. Sec. 27, Ch. 283, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 21. Mausoleum and Columbarium Authorities › Part 9. First Special Service Force Memorial Trust (Renumbered) › 35-21-901. Renumbered 10-2-701

35-21-901. Renumbered 10-2-701.
Sec. 99(3), Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 21. Mausoleum and Columbarium Authorities › Part 9. First Special Service Force Memorial Trust (Renumbered) › 35-21-902. Renumbered 10-2-702

35-21-902. Renumbered 10-2-702.
Sec. 99(3), Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 21. Mausoleum and Columbarium Authorities › Part 9. First Special Service Force Memorial Trust (Renumbered) › 35-21-903. Renumbered 10-2-703

35-21-903. Renumbered 10-2-703.
Sec. 99(3), Ch. 51, L. 1999.
2023 Montana Code Annotated › Title 35. Corporations, Partnerships, and Associations › Chapter 30. Transactions With Foreign Adversaries › Part 1. Prohibited Transactions › 35-30-103. Prohibited transactions with foreign adversaries

35-30-103. Prohibited transactions with foreign adversaries.
(1) A foreign adversary may not:
(a) buy, lease, or rent critical infrastructure, land used for agricultural production, or real property or a residence that has a direct line of sight to any part of a military installation from an entity provided for in this title; or
(b) enter into a contract with an entity provided for in this title that results in the foreign adversary's control of agricultural production land or critical infrastructure in this state.
(2) A foreign adversary that violates this section shall divest from its interest in critical infrastructure or land used for agricultural production within 1 year, after which time the property may be sold at public auction by the county sheriff of any county where the critical infrastructure or land used for agricultural production is located.
(3) The attorney general or county where the critical infrastructure or land used for agricultural production is located may bring a suit to enforce this section.
(4) As used in this section, the following definitions apply:
(a) "Agricultural production":
(i) has the meaning provided in 82-10-502; and
(ii) includes homesteads with one or more acres of improvements.
(b) "Critical infrastructure" has the meaning provided in 82-1-601.
(c) "Foreign adversary" means any foreign government or foreign nongovernment person determined by the secretary of commerce to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the United States or the security and safety of the people of the United States for the purposes of sections (3)(a) and (3)(b) of Executive Order No. 13873 of May 15, 2019, or a corporation, however constituted, domiciled or headquartered in a nation determined to be a foreign adversary, or a corporation over which a foreign adversary has a controlling interest.
History: En. Sec. 1, Ch. 434, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-104. Standardized forms

37-1-104. Standardized forms.
The department shall adopt standardized forms and processes to be used by the boards and department programs. The standardization is to streamline processes, expedite services, reduce costs and waste, and facilitate computerization.
History: En. Sec. 2, Ch. 293, L. 1981; amd. Sec. 7, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-105. Reporting disciplinary actions against licensees

37-1-105. Reporting disciplinary actions against licensees.
The department has the authority and shall require that all boards and department programs require each applicant for licensure or renewal to report any legal or disciplinary action against the applicant that relates to the propriety of the applicant's practice of or fitness to practice the profession or occupation for which the applicant seeks licensure. Failure to furnish the required information, except pursuant to 37-1-138, or the filing of false information is grounds for denial or revocation of a license.
History: En. Sec. 3, Ch. 293, L. 1981; amd. Sec. 5, Ch. 271, L. 2003; amd. Sec. 8, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-106. Biennial report

37-1-106. Biennial report.
The department, in cooperation with each licensing board, shall prepare a biennial report. The biennial report of the department shall contain for each board a summary of the board's activities, the board's goals and objectives, a detailed breakdown of board revenues and expenditures, statistics illustrating board activities concerning licensing, summary of complaints received and their disposition, number of licenses revoked or suspended, legislative or court action affecting the board, and any other information the department or board considers relevant. The department shall submit the report to the office of budget and program planning as a part of the information required by 17-7-111.
History: En. Sec. 4, Ch. 293, L. 1981; amd. Sec. 10, Ch. 125, L. 1983; amd. Sec. 32, Ch. 112, L. 1991; amd. Sec. 30, Ch. 349, L. 1993.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-107. Joint meetings -- department duties

37-1-107. Joint meetings -- department duties.
(1) The department shall convene a joint meeting once every 2 years of two or more boards that:
(a) have licensees with dual licensure in related professions or occupations;
(b) have licensees licensed by another board in a related profession or with similar scopes of practice, including but not limited to:
(i) health care boards;
(ii) mental health care boards;
(iii) design boards;
(iv) therapeutic boards; or
(v) technical boards; or
(c) have issues of joint concern or related jurisdiction with each other.
(2) A quorum is not required for the joint meeting. However, one member from each board shall attend.
(3) The department shall report to the economic affairs interim committee in accordance with 5-11-210 with regard to attendance and issues of concern addressed by the boards.
History: En. Sec. 1, Ch. 11, L. 2007; amd. Sec. 66, Ch. 261, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-108. Rules governing active supervision

37-1-108. Rules governing active supervision.
The department may adopt rules necessary to carry out active supervision of board actions as provided for in 37-1-121 and 37-1-122.
History: En. Sec. 5, Ch. 322, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-109. Cease and desist -- injunction -- criminal penalties

37-1-109. Cease and desist -- injunction -- criminal penalties.
(1) The department may issue a cease and desist order if the department determines through the receipt of credible evidence that a person is acting, has acted, or is about to act related to a profession or occupation in Title 37:
(a) without the license required to practice the profession or occupation;
(b) with a restricted title or designation of the profession or occupation without meeting the requirements for that use; or
(c) in violation of a statute or rule of the profession or occupation.
(2) A cease and desist order issued under this section must be served pursuant to Rule 4, M.R.Civ.P. The order is effective upon service. Proof of service constitutes notice to the person of the existence and contents of the order.
(3) The screening panel of a board or the department on behalf of a program may assess a penalty of not more than $1,000 a day for each day a cease and desist order issued under this section is violated. Fifty percent of the penalty must be deposited in the state special revenue fund of the board or program, and the remainder must be deposited in the state general fund.
(4) (a) A board, following a vote of its screening panel, or the department, on behalf of a program, may institute and maintain in the name of the state an action for injunction or another civil remedy in district court to enforce a cease and desist order issued under this section. Proof of inadequacy of a legal remedy or proof of substantial or irreparable damage from continued violation is not required.
(b) The board or department is entitled to its costs, including the costs of investigation and attorney fees, incurred in seeking a district court order under this section.
(c) A person who knowingly or purposely violates a district court injunction under this section is guilty of a felony and subject to the penalties set forth in 46-18-213.
(5) An officer, agent, partner, or member of a business entity who knowingly and personally participates in a violation of this section is subject to the penalties prescribed by this section.
(6) The remedies provided by this section are in addition to and do not limit the remedies and actions otherwise permitted or required by law.
History: En. Sec. 1, Ch. 366, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-121. Duties of commissioner -- definitions

37-1-121. Duties of commissioner -- definitions.
(1) In addition to the powers and duties under 2-15-112 and 2-15-121, the commissioner of labor and industry shall:
(a) at the request of a party, appoint an impartial hearings examiner to conduct hearings whenever any board or department program holds a contested case hearing. The hearings examiner shall conduct hearings in a proper and legal manner.
(b) establish the qualifications of and hire all personnel to perform the administrative, legal, and clerical functions of the department for the boards. Boards within the department do not have authority to establish the qualifications of, hire, or terminate personnel. The department shall consult with the boards regarding recommendations for qualifications for executive or executive director positions.
(c) approve all contracts and expenditures by boards within the department. A board within the department may not enter into a contract or expend funds without the approval of the commissioner.
(d) provide oversight and supervision of the duties and authority exercised by boards regulated under Title 37, other than chapters 42, 43, and 61, by exercising active supervision authority to approve or disapprove any board action identified by the department as restraining or potentially restraining competition in trade or commerce. Subject to the provisions of 37-1-122(6), the commissioner shall determine if the board action is made or taken pursuant to a clearly articulated state policy and if the restraint or potential restraint of trade or commerce is reasonable and necessary to protect the public health, safety, or welfare. Any approval or disapproval under this subsection (1)(d) must be in writing, comply with the provisions in 37-1-122, and set forth the particular reasons supporting the determination. A disapproval determination may include the commissioner's recommended modifications, if any, for the board's consideration. The commissioner may assign duties, as necessary, but may not assign final approval or disapproval.
(2) If the department disapproves or modifies any board action under subsection (1)(d), the department and not the board may be liable for claims resulting from the disapproval or modification.
(3) As used in this chapter, the following definitions apply:
(a) "Board action" means a policy, rule, or other action taken by a board subject to subsection (1)(d).
(b) "Commissioner" means the commissioner of labor and industry unless otherwise specified.
History: En. 82A-1604 by Sec. 1, Ch. 272, L. 1971; amd. Sec. 14, Ch. 533, L. 1977; R.C.M. 1947, 82A-1604; amd. Sec. 3, Ch. 274, L. 1981; Sec. 37-1-102, MCA 1979; redes. 37-1-121 by Code Commissioner, 1981; amd. Sec. 1, Ch. 165, L. 1985; amd. Sec. 22, Ch. 429, L. 1995; amd. Sec. 107, Ch. 483, L. 2001; amd. Sec. 9, Ch. 467, L. 2005; amd. Sec. 2, Ch. 322, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-124. Board organization -- meetings -- compensation -- department allocation

37-1-124. Board organization -- meetings -- compensation -- department allocation.
(1) The board shall annually elect a presiding officer and a vice presiding officer to serve in the absence of the presiding officer. The presiding officer shall preside at all meetings of the board and perform duties customarily associated with the position. The presiding officer may establish board committees to further board business and designate board members as committee members.
(2) A presiding officer elected by the board shall serve a 1-year term commencing at the conclusion of the meeting at which the presiding officer is elected and ending on the election of their successor. A presiding officer may serve no more than four consecutive 1-year terms.
(3) The board shall meet at least annually to conduct business. A majority of the membership of the board constitutes a quorum to conduct business.
(4) Members of the board are entitled to compensation and travel expenses as provided in 37-1-133.
(5) A board designated under 2-15-1730 through 2-15-1782 is allocated to the department for administrative purposes only, as prescribed in 2-15-121.
History: En. Sec. 2, Ch. 620, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-130. Definitions

37-1-130. Definitions.
As used in this part, the following definitions apply:
(1) "Administrative fee" means a fee established by the department to cover the cost of administrative services as provided for in 37-1-134.
(2) "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.
(3) "Board fee" means:
(a) a fee established by the board to cover program area costs as provided in 37-1-134; and
(b) any other legislatively prescribed fees specific to boards and department programs.
(4) "Department" means the department of labor and industry established in 2-15-1701.
(5) "Department program" means a program administered by the department pursuant to this title and not affiliated with a board.
(6) "Expired license" means a license that is not reactivated within the period of 46 days to 2 years after the renewal date for the license.
(7) "Lapsed license" means a license that is not renewed by the renewal date and that may be reactivated within the first 45-day period after the renewal date for the license.
(8) "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.
(9) "Terminated license" means a license that is not renewed or reactivated within 2 years of the license lapsing.
History: En. Sec. 5, Ch. 274, L. 1981; amd. Sec. 108, Ch. 483, L. 2001; amd. Sec. 10, Ch. 467, L. 2005; amd. Sec. 7, Ch. 502, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-132. Nominees for appointment to licensing and regulatory boards

37-1-132. Nominees for appointment to licensing and regulatory boards.
Private associations and members of the public may submit to the governor lists of nominees for appointment to professional and occupational licensing and regulatory boards. The governor may consider nominees from the lists when making appointments to such boards.
History: En. Sec. 9, Ch. 244, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-133. Board members' compensation and expenses

37-1-133. Board members' compensation and expenses.
Unless otherwise provided by law, each member of a board allocated to the department is entitled to receive $100 per day compensation and travel expenses, as provided for in 2-18-501 through 2-18-503, for each day spent on official board business. Board members who conduct official board business in their city of residence are entitled to receive a midday meal allowance, as provided for in 2-18-502. Ex officio board members may not receive compensation but must receive travel expenses.
History: En. Sec. 1, Ch. 474, L. 1981; amd. Sec. 2, Ch. 123, L. 1983; amd. Sec. 4, Ch. 672, L. 1983; amd. Sec. 37, Ch. 620, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-134. Boards -- costs

37-1-134. Boards -- costs.
(1) Each board allocated to the department shall set board fees related to its program area that provide the amount of money usually needed for the operation of the board for services, including but not limited to licensing, reciprocity, renewals, applications, inspections, investigations, compliance, discipline, and audits. The amount needed for the operation of the board is based on the license renewal years as set by the board. In setting the fees, the board shall consider the revenues and expenses incurred in the prior 5 licensing renewal years, but a board's cash balances may not exceed two times the board's annual appropriation level. Unless otherwise provided by law, the department may establish standardized administrative fees. These fees may include but are not limited to fees for administrative services such as license verification, duplicate licenses, late penalty renewals, licensee lists, and other administrative service fees determined by the department as applicable to all boards and department programs. The department shall collect fees on behalf of each board or department program and deposit the fees in the state special revenue fund in the appropriate account for each board or department program. Administrative service costs not related to a specific board or program area may be equitably distributed to board or program areas as determined by the department. Each board and department program shall maintain records sufficient to support the fees charged for each program area.
(2) The department and the boards shall adopt rules regarding all fees.
History: En. Sec. 1, Ch. 345, L. 1981; amd. Sec. 12, Ch. 467, L. 2005; amd. Sec. 1, Ch. 187, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-135. Licensing investigation and review -- record access

37-1-135. Licensing investigation and review -- record access.
Any person, firm, corporation, or association that performs background reviews, complaint investigations, or peer reviews pursuant to an agreement or contract with a state professional or occupational licensing board shall make available to the board and the legislative auditor, upon request, any and all records or other information gathered or compiled during the course of the background review, complaint investigation, or peer review.
History: En. Sec. 1, Ch. 242, L. 1981.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-136. Disciplinary authority of boards -- injunctions

37-1-136. Disciplinary authority of boards -- injunctions.
(1) Subject to 37-1-138, each licensing board allocated to the department has the authority, in addition to any other penalty or disciplinary action provided by law, to adopt rules specifying grounds for disciplinary action and rules providing for:
(a) revocation of a license;
(b) suspension of its judgment of revocation on terms and conditions determined by the board;
(c) suspension of the right to practice for a period not exceeding 1 year;
(d) placing a licensee on probation;
(e) reprimand or censure of a licensee; or
(f) taking any other action in relation to disciplining a licensee as the board in its discretion considers proper.
(2) Any disciplinary action by a board shall be conducted as a contested case hearing under the provisions of the Montana Administrative Procedure Act.
(3) Notwithstanding any other provision of law, a board may maintain an action to enjoin a person from engaging in the practice of the occupation or profession regulated by the board until a license to practice is procured. A person who has been enjoined and who violates the injunction is punishable for contempt of court.
(4) An action may not be taken against a person who is in compliance with Title 16, chapter 12, part 5.
(5) Rules adopted under subsection (1) must provide for the provision of public notice as required by 37-1-311.
History: En. Sec. 1, Ch. 246, L. 1981; amd. Sec. 6, Ch. 271, L. 2003; amd. Sec. 10, I.M. No. 148, approved Nov. 2, 2004; amd. Sec. 3, Ch. 225, L. 2007; amd. Sec. 62, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-137. Grounds for disciplinary action as grounds for license denial -- conditions to new licenses

37-1-137. Grounds for disciplinary action as grounds for license denial -- conditions to new licenses.
(1) Unless otherwise provided by law, grounds for disciplinary action by a board allocated to the department of labor and industry against a holder of an occupational or professional license may be, under appropriate circumstances, grounds for either issuance of a probationary license for a period not to exceed 1 year or denial of a license to an applicant.
(2) The denial of a license or the issuance of a probationary license under subsection (1) must be conducted as a contested case hearing under the provisions of the Montana Administrative Procedure Act.
History: En. Sec. 1, Ch. 273, L. 1985; amd. Sec. 109, Ch. 483, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-139. Definition -- joint duties of boards -- sexual offender evaluator license endorsement -- rulemaking

37-1-139. Definition -- joint duties of boards -- sexual offender evaluator license endorsement -- rulemaking.
(1) As used in this section, "boards" means the following boards jointly:
(a) board of behavioral health as established in 2-15-1744;
(b) board of medical examiners as established in 2-15-1731;
(c) board of nursing as established in 2-15-1734; and
(d) board of psychologists as established in 2-15-1741.
(2) The boards shall:
(a) jointly establish, develop rules, and maintain standards, consistent with appropriate national standards for evaluation and treatment of sexual offenders, and guidelines for evidence-based assessment, evaluation, treatment, and behavioral monitoring of sexual offenders, including the transition into community-based treatment from a prison setting;
(b) create a subcommittee to draft requirements for sexual offender evaluators. The subcommittee must include one member of each board and two licensees of the boards listed in subsection (1) who have been engaged in the practice of evaluating sexual offenders during the last 4 years.
(c) require sexual offender evaluators to use the following levels of risk designations for a sexual offender:
(i) level 1, the risk of a repeat sexual offense is low;
(ii) level 2, the risk of a repeat sexual offense is moderate; or
(iii) level 3, the risk of a repeat sexual offense is high, there is a threat to public safety, and the sexual offender evaluator believes that the offender is a sexually violent predator; and
(d) using recommendations from the subcommittee, set and enforce educational and experiential requirements for licensees of each of the boards to obtain a license endorsement as a sexual offender evaluator. A person may not perform sexual offender evaluations for purposes of this section without first obtaining a license endorsement.
(3) The requirements set pursuant to subsection (2)(d) must include that an evaluator:
(a) is a professional licensed in Montana or in another state as:
(i) a physician;
(ii) an advanced practice registered nurse;
(iii) a clinical psychologist;
(iv) a clinical social worker;
(v) a clinical professional counselor; or
(vi) a marriage and family therapist;
(b) has 2,000 documented hours of supervised experience in the evaluation and treatment of sexual offenders, at least 400 hours of which are face-to-face evaluations of sexual offenders or therapy sessions with sexual offenders. The provisions of this subsection (3)(b) do not apply when an evaluator is renewing the endorsement.
(c) has completed at least two sexual offender evaluations under supervision;
(d) is a full or clinical member of at least one relevant national professional organization that has ethics of practice for sexual offender assessment and treatment; and
(e) must renew the license endorsement concurrent with the evaluator's professional license.
History: En. Sec. 1, Ch. 481, L. 2021.
2023 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.
2023 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.
2023 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. (Temporary) 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.
37-1-145. (Effective July 1, 2024) Military training or experience to satisfy licensing or certification requirements -- rulemaking.
Each board and program shall, upon presentation of satisfactory evidence by an applicant for certification or licensure, accept relevant education, training, or service completed in the armed forces or reserves of the United States or the national guard, military reserves, or naval militia of a state 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; amd. Sec. 4, Ch. 390, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-146. Activated military personnel exemptions

37-1-146. (Effective July 1, 2024) Activated military personnel exemptions.
(1) Upon notice and proof of deployment as described in this subsection, the department shall exempt licensees who deployed to federally funded active duty as military personnel for more than 90 consecutive days from:
(a) the payment of any license renewal or late renewal fees; and
(b) any continuing education or certification requirements or audits for a renewal cycle that falls within the period of active duty and within the 6 months following active duty.
(2) If a license in subsection (1) terminates as provided in 37-1-141, the board or program may impose reasonable conditions to demonstrate competency as a condition to reactivate the license upon notice and opportunity for a hearing pursuant to 37-1-309.
History: En. Sec. 1, Ch. 390, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 1. General Provisions › Part 1. Duties and Authority of Department, Director, and Boards › 37-1-147. Licensing and certification reciprocity for military members, military spouses, and veterans -- requirements

37-1-147. (Effective July 1, 2024) Licensing and certification reciprocity for military members, military spouses, and veterans -- requirements.
(1) A board or program regulated by the department shall issue a license or certificate as provided by Title 37 to a person:
(a) who is licensed or certified in good standing in another state or a United States territory to practice a profession or occupation regulated by the department;
(b) who is a member of the armed forces of the United States or whose spouse is a member of the armed forces of the United States;
(c) who is subject to military orders for a change of station to a duty station in this state, who is in the process of a change of station to a duty station in this state, who has been honorably discharged and is relocated to this state, or whose spouse is the subject of a military transfer to this state; or
(d) who is the spouse of a military member.
(2) In issuing a license or certificate under subsection (1), the board or program may:
(a) issue the person a license or certificate if the board or program determines the requirements for licensure or certification in the other state are substantially equivalent to the requirements in this state; or
(b) if the requirements for licensure or certification are not substantially equivalent, issue the person a temporary license or certificate to authorize the person to practice a profession or occupation while completing any specific requirements by the board or program.
(3) The provisions of subsection (1) do not apply to a person whose license or certificate is not in good standing with another state or who is subject to pending charges or final disciplinary action for unprofessional conduct or impairment.
History: En. Sec. 3, Ch. 390, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.