reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 6. Apprenticeship › Part 1. General Provisions › 39-6-105. Apprenticeship agreements

39-6-105. Apprenticeship agreements.
(1) For the purpose of this chapter, an apprenticeship agreement is:
(a) an individual written agreement between an employer and apprentice;
(b) a written agreement between an employer or an association of employers and an organization of employees describing conditions of employment for apprentices; or
(c) a written statement describing conditions of employment for apprentices in a plant where there is no bona fide employee organization.
(2) All such agreements shall conform to the basic standards and other provisions of this chapter.
History: En. Sec. 5, Ch. 149, L. 1941; R.C.M. 1947, 41-1205.
2023 Montana Code Annotated › Title 39. Labor › Chapter 6. Apprenticeship › Part 1. General Provisions › 39-6-106. Contents of apprenticeship agreements -- credit for prior training or experience

39-6-106. Contents of apprenticeship agreements -- credit for prior training or experience.
(1) Apprenticeship agreements must contain:
(a) a statement of the occupation to be taught and the required hours for completion of apprenticeship, which must be at least 2,000 hours of reasonably continuous employment;
(b) a statement of the processes in the occupational divisions in which the apprentice is to be taught and the approximate amount of time to be spent at each process;
(c) a statement of the number of hours to be spent by the apprentice in related and supplemental instruction. The recommended number of hours is at least 144 hours a year.
(d) a statement that apprentices must be at least 16 years of age;
(e) a statement of the progressively increasing scale of wages to be paid the apprentice using the criteria established in 39-6-108;
(f) provision for a period of probation during which the department shall terminate an apprenticeship agreement at the written request of any participating party. After the probationary period, the department may terminate the registration of an apprentice upon agreement of the parties.
(g) provision that the services of the department may be used for consultation regarding the settlement of differences arising out of the apprenticeship agreement if the differences cannot be adjusted locally or in accordance with the established occupational procedure;
(h) provision that, if an employer is unable to fulfill an obligation under the apprenticeship agreement, the employer may transfer the obligation to another employer if the other employer has been approved as a training facility;
(i) provision for the specification of the ratio of apprentices to journeymen. The department shall continue to honor and recognize ratio provisions as established in existing labor/management bargaining agreements or as established by an industry practice.
(j) additional standards as may be prescribed in accordance with this chapter.
(2) An apprentice who, prior to entering into an agreement, has had training or experience in the occupation in which the apprentice is employed as an apprentice may be granted full or partial credit for the training or experience on the recommendation of the employer or the joint apprenticeship committee and with the approval of the department.
History: En. Sec. 4, Ch. 149, L. 1941; R.C.M. 1947, 41-1204; amd. Sec. 2, Ch. 272, L. 1979; amd. Sec. 30, Ch. 397, L. 1979; amd. Sec. 4, Ch. 538, L. 2005; amd. Sec. 4, Ch. 15, L. 2013.
2023 Montana Code Annotated › Title 39. Labor › Chapter 6. Apprenticeship › Part 1. General Provisions › 39-6-107. Provisions of chapter voluntary

39-6-107. Provisions of chapter voluntary.
The provisions of this chapter apply to a person, firm, corporation, or occupation only after the person, firm, corporation, or occupation has voluntarily elected to conform with its provisions.
History: En. Sec. 6, Ch. 149, L. 1941; R.C.M. 1947, 41-1206; amd. Sec. 5, Ch. 15, L. 2013.
2023 Montana Code Annotated › Title 39. Labor › Chapter 6. Apprenticeship › Part 1. General Provisions › 39-6-108. Apprentice wage rate

39-6-108. Apprentice wage rate.
(1) Except as provided in subsection (3), a wage paid to an apprentice employed for construction services, as defined in 18-2-401, under Title 18, chapter 2, part 4, must:
(a) be based on the standard prevailing rate of wages for construction services, as defined in 18-2-401, for a prevailing wage rate district as provided in 18-2-411; and
(b) increase progressively to no more than the employer's lowest journeyman hourly wage from a starting wage of no less than 40% of the hourly wage paid to a journeyman in the same occupation and working in the same area or region. A higher wage must be paid if required by federal law, by other state law, or by contract. If the apprentice performs labor in more than one locality, the apprentice must be paid based on the progressive wage schedule for the journeyman wage rate in the area in which the apprentice is working.
(2) The wage does not include a travel allowance or benefits. Benefits must be paid to an apprentice if work is being performed on a project that is covered by requirements to pay the Montana prevailing wage or a project covered by the federal Davis-Bacon Act, pursuant to 29 CFR, parts 1, 3, and 5.
(3) Wages paid under an individual's written apprenticeship agreement registered with the department as of October 1, 2006, are excluded from the rate set in subsection (1).
History: En. Sec. 1, Ch. 538, L. 2005; amd. Sec. 6, Ch. 15, L. 2013.
2023 Montana Code Annotated › Title 39. Labor › Chapter 6. Apprenticeship › Part 1. General Provisions › 39-6-109. Employer apprenticeship tax credit -- increased credit for employing veteran apprentice

39-6-109. Employer apprenticeship tax credit -- increased credit for employing veteran apprentice.
(1) An employer that employs an apprentice or a veteran apprentice who works in Montana as a new employee in a state-registered apprenticeship training program is eligible for an annual credit against income taxes imposed pursuant to Title 15, chapter 30 or 31.
(2) The amount of the credit is limited to:
(a) except as provided in subsection (2)(b), $750 for each apprentice employed; and
(b) $1,500 for each apprentice employed who is a veteran.
(3) A tax credit is not available to the employer until after the apprentice has completed the apprentice training program's probationary period or 6 months, whichever is earlier.
(4) An employer shall apply each year to the department to receive approval to claim the credit for the preceding calendar year. The credit may not be claimed for more than 5 tax years for each individual apprentice. The department shall provide a successful applicant with the form provided for in 15-30-2357(6).
(5) Prior to approving a tax credit, the department shall verify that the employee for which the credit is sought is employed in a state-registered apprenticeship program, that the employee is a new employee in an apprenticeship program, and whether the employee is a veteran.
(6) By December 31 each year, the department shall provide to the department of revenue a list of the employers approved for the tax credit, the apprentices employed by the employer, and the aggregate total of tax credits allowed. The list must include the federal tax identification number of the employer and the name and social security number or federal tax identification number of the registered apprentice.
(7) The identity and social security number or federal tax identification number of the apprentices employed by the employer are subject to the provisions of 15-30-2618 and 15-31-511.
(8) The department shall provide to each high school in the state information about apprenticeship programs, including but not limited to occupations for which apprenticeships are available, student application requirements, and program requirements.
(9) The department may adopt rules necessary to administer this section.
(10) For the purposes of this section, the following definitions apply:
(a) "New employee" means an individual who was not employed as an apprentice or veteran apprentice before January 1, 2018.
(b) "Veteran" has the meaning provided in 39-29-101.
History: En. Sec. 1, Ch. 380, L. 2017.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 1. Duties of Department of Labor and Industry › 39-7-101. Legislative policy

39-7-101. Legislative policy.
This part establishes as an affirmative policy of this state within the department of labor and industry procedures which will enable women to contribute to society according to their fullest possible potential.
History: En. Sec. 1, Ch. 466, L. 1973; R.C.M. 1947, 41-2401.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 1. Duties of Department of Labor and Industry › 39-7-102. Rules of procedure and practice

39-7-102. Rules of procedure and practice.
The commissioner of the department of labor and industry may issue rules of procedure and practice consistent with the Montana Administrative Procedure Act in order to administer and carry out the purposes of this part.
History: En. Sec. 3, Ch. 466, L. 1973; R.C.M. 1947, 41-2403.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 1. Duties of Department of Labor and Industry › 39-7-103. Duties of department

39-7-103. Duties of department.
The department of labor and industry shall:
(1) conduct studies about the changing employment needs and problems of women in Montana and make recommendations to the governor and the legislature;
(2) direct public attention to critical employment problems confronting women as wives, mothers, homemakers, and workers;
(3) serve as a clearinghouse for information and materials pertinent to programs and services available to assist and advise women on employment and related matters;
(4) cooperate with governmental departments and agencies primarily involved in curbing job discrimination and in the expansion of employment rights and opportunities available to the women of this state;
(5) conduct periodic conferences throughout the state to make women more aware of employment opportunities, programs, and services available to them;
(6) serve as the central, permanent agency for the coordination and evaluation of employment programs and services for women of the state and as a planning agency for the development of those services;
(7) encourage women's organizations and other groups to institute local self-help activities designed to meet women's employment and related needs;
(8) apply for and receive grants, appropriations, or gifts from any federal, state, or local agency, private foundation, or individual to carry out the purposes of this part.
History: En. Sec. 2, Ch. 466, L. 1973; R.C.M. 1947, 41-2402.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 1. Duties of Department of Labor and Industry › 39-7-104. Department to work in close cooperation with commission for human rights

39-7-104. Department to work in close cooperation with commission for human rights.
It is the intent of the legislature that the functions in the department of labor and industry delineated in this part pertaining to the status of women shall, where appropriate, be performed in close cooperation with the commission for human rights.
History: En. Sec. 2, Ch. 478, L. 1975.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 2. Maternity Leave (Renumbered and Repealed) › 39-7-201. Repealed

39-7-201. Repealed.
Sec. 3, Ch. 285, L. 1983.
History: En. 41-2601 by Sec. 1, Ch. 320, L. 1975; R.C.M. 1947, 41-2601.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 2. Maternity Leave (Renumbered and Repealed) › 39-7-202. Repealed

39-7-202. Repealed.
Sec. 3, Ch. 285, L. 1983.
History: En. 41-2605 by Sec. 5, Ch. 320, L. 1975; R.C.M. 1947, 41-2605.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 2. Maternity Leave (Renumbered and Repealed) › 39-7-205. Repealed

39-7-205. Repealed.
Sec. 3, Ch. 285, L. 1983.
History: En. 41-2603 by Sec. 3, Ch. 320, L. 1975; R.C.M. 1947, 41-2603(part).
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 2. Maternity Leave (Renumbered and Repealed) › 39-7-206. Repealed

39-7-206. Repealed.
Sec. 3, Ch. 285, L. 1983.
History: En. 41-2604 by Sec. 4, Ch. 320, L. 1975; R.C.M. 1947, 41-2604.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 2. Maternity Leave (Renumbered and Repealed) › 39-7-207. Repealed

39-7-207. Repealed.
Sec. 3, Ch. 285, L. 1983.
History: En. 41-2603 by Sec. 3, Ch. 320, L. 1975; R.C.M. 1947, 41-2603(part).
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 2. Maternity Leave (Renumbered and Repealed) › 39-7-208. Repealed

39-7-208. Repealed.
Sec. 3, Ch. 285, L. 1983.
History: En. 41-2606 by Sec. 6, Ch. 320, L. 1975; R.C.M. 1947, 41-2606.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 2. Maternity Leave (Renumbered and Repealed) › 39-7-209. Repealed

39-7-209. Repealed.
Sec. 3, Ch. 285, L. 1983.
History: En. Sec. 1, Ch. 286, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 3. Displaced Homemakers › 39-7-302. Purpose

39-7-302. Purpose.
It is the intent of the legislature to provide necessary counseling, training, jobs, services, and health care for displaced homemakers so they may achieve independence and the economic security vital to a productive life.
History: En. Sec. 2, Ch. 709, L. 1983.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 3. Displaced Homemakers › 39-7-303. Definitions

39-7-303. Definitions.
As used in this part, the following definitions apply:
(1) "Adult" means a person who is 18 years of age or older.
(2) "Commissioner" means the commissioner of labor and industry as provided in 2-15-1701.
(3) "Displaced homemaker" means an adult who:
(a) has worked as an adult primarily without remuneration to care for the home and family and for that reason has diminished marketable skills and who has been dependent on public assistance or on the income of a relative but is no longer supported by that income; or
(b) (i) is a parent whose youngest dependent child will become ineligible to receive cash assistance, as defined in 53-4-201, pursuant to Title 53, chapter 4, part 2, within 2 years of the parent's application for displaced homemaker assistance;
(ii) is unemployed or underemployed and is experiencing difficulty in obtaining any employment or suitable employment, as appropriate; or
(iii) meets the qualifications described in subsection (3)(a) or (3)(b) and is a criminal offender.
History: En. Sec. 3, Ch. 709, L. 1983; amd. Sec. 1, Ch. 127, L. 1995; amd. Sec. 2, Ch. 486, L. 1997; amd. Sec. 2, Ch. 465, L. 2001; amd. Sec. 1, Ch. 41, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 3. Displaced Homemakers › 39-7-304. Multipurpose service programs for displaced homemakers -- administrators

39-7-304. Multipurpose service programs for displaced homemakers -- administrators.
(1) The commissioner may establish multipurpose service programs for displaced homemakers and may enter into contracts with and make grants to nonprofit agencies or organizations, public or private, to establish, organize, and administer the programs described in 39-7-305.
(2) The commissioner shall contract with an administrator for each program.
History: En. Sec. 4, Ch. 709, L. 1983.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 3. Displaced Homemakers › 39-7-305. Programs to aid displaced homemakers

39-7-305. Programs to aid displaced homemakers.
(1) The programs must be developed in cooperation with federal, state, and local agencies and with private employers in order to coordinate efforts directed toward enabling the displaced homemaker to maintain economic security and emotional well-being and to avoid unnecessary duplication of services.
(2) The services may include but are not limited to:
(a) job counseling services that are:
(i) specifically designed for displaced homemakers by taking into account and building upon their skills and experiences; and
(ii) operated to counsel displaced homemakers with respect to appropriate job opportunities;
(b) job training and job placement services that:
(i) include training and placement programs for jobs in the public and private sectors;
(ii) assist displaced homemakers in gaining admission to existing public or private job training and educational programs; and
(iii) assist in identifying community needs and creating new jobs in the public and private sectors;
(c) referral to or development of programs for displaced homemakers in cooperation with local agencies that provide information and assistance with respect to health care, financial matters, education, nutrition, and legal problems;
(d) support services, such as:
(i) child care for preschool children;
(ii) transportation assistance; and
(iii) grants for education; and
(e) development of outreach programs to serve rural areas where needs for such programs have been identified.
History: En. Sec. 5, Ch. 709, L. 1983.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 3. Displaced Homemakers › 39-7-306. Rulemaking duties of commissioner

39-7-306. Rulemaking duties of commissioner.
The commissioner, with the advice of other organizations and agencies who provide services to displaced homemakers, shall adopt rules:
(1) concerning the eligibility of persons who may be served by the program;
(2) concerning a graduated fee schedule for program services;
(3) concerning criteria for making grants as provided for in 39-7-304; and
(4) necessary to carry out the provisions of this part.
History: En. Sec. 6, Ch. 709, L. 1983.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 3. Displaced Homemakers › 39-7-307. Acceptance of funds by administrator of local program

39-7-307. Acceptance of funds by administrator of local program.
The administrator of the local displaced homemaker program may accept, use, and dispose of all grants or contributions of money, services, and property for the purpose of carrying out the provisions of this part. Such grants or contributions may include grants or in-kind contributions from a local governmental unit.
History: En. Sec. 7, Ch. 709, L. 1983.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 3. Displaced Homemakers › 39-7-308. Evaluation of multipurpose service programs -- reports to the commissioner

39-7-308. Evaluation of multipurpose service programs -- reports to the commissioner.
The administrator of each designated program established under this part shall report annually to the commissioner as prescribed by rule, which report must include:
(1) an evaluation of the effectiveness of the program's job counseling, training, placement referral, support, and outreach services to displaced homemakers; and
(2) an accounting of all expenditures.
History: En. Sec. 8, Ch. 709, L. 1983.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 3. Displaced Homemakers › 39-7-309. Staff of service programs

39-7-309. Staff of service programs.
To the extent possible, supervisory, technical, and administrative positions in the multipurpose service programs must be filled by displaced homemakers.
History: En. Sec. 9, Ch. 709, L. 1983.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 3. Displaced Homemakers › 39-7-310. Partial funding from local community

39-7-310. Partial funding from local community.
Fifteen percent of the operational costs of a local displaced homemaker program must come from the local community served by the program. The local contribution may include in-kind contributions.
History: En. Sec. 10, Ch. 709, L. 1983.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 6. Incentive Program -- Child Care Assistance (Repealed) › 39-7-601. Repealed

39-7-601. Repealed.
Sec. 315, Ch. 42, L. 1997; Sec. 51, Ch. 486, L. 1997.
History: En. Sec. 1, Ch. 579, L. 1987.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 6. Incentive Program -- Child Care Assistance (Repealed) › 39-7-602. Repealed

39-7-602. Repealed.
Sec. 315, Ch. 42, L. 1997; Sec. 51, Ch. 486, L. 1997.
History: En. Sec. 3, Ch. 579, L. 1987.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 6. Incentive Program -- Child Care Assistance (Repealed) › 39-7-603. Repealed

39-7-603. Repealed.
Sec. 315, Ch. 42, L. 1997; Sec. 51, Ch. 486, L. 1997.
History: En. Sec. 7, Ch. 579, L. 1987; amd. Sec. 1, Ch. 251, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 6. Incentive Program -- Child Care Assistance (Repealed) › 39-7-604. Repealed

39-7-604. Repealed.
Sec. 315, Ch. 42, L. 1997; Sec. 51, Ch. 486, L. 1997.
History: En. Sec. 4, Ch. 579, L. 1987; amd. Sec. 2, Ch. 251, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 6. Incentive Program -- Child Care Assistance (Repealed) › 39-7-605. Repealed

39-7-605. Repealed.
Sec. 315, Ch. 42, L. 1997; Sec. 51, Ch. 486, L. 1997.
History: En. Sec. 5, Ch. 579, L. 1987; amd. Sec. 3, Ch. 251, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 7. Women in Employment Displaced Homemakers › Part 6. Incentive Program -- Child Care Assistance (Repealed) › 39-7-606. Repealed

39-7-606. Repealed.
Sec. 315, Ch. 42, L. 1997; Sec. 51, Ch. 486, L. 1997.
History: En. Sec. 6, Ch. 579, L. 1987; amd. Sec. 4, Ch. 251, L. 1989.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 1. General Provisions › 39-8-101. Short title -- purpose

39-8-101. Short title -- purpose.
(1) This chapter may be cited as the "Montana Professional Employer Organizations and Groups Licensing Act".
(2) The legislature recognizes that there is a public need for professional employer services and finds it necessary in the interest of public health, safety, and welfare to establish standards for the operation, regulation, and licensing of professional employer organizations and groups in this state.
History: En. Sec. 1, Ch. 344, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 2. Licensing › 39-8-201. License required -- exemption -- rulemaking authority

39-8-201. License required -- exemption -- rulemaking authority.
(1) On or after July 1, 1995, a person who acts as a professional employer organization or group by entering into a professional employer arrangement or an employee leasing arrangement with a client in this state without a license or who violates the provisions of this chapter may be subject to the penalties provided in 39-8-302.
(2) The provisions of this chapter do not apply to a labor organization, the state or its political subdivisions, the United States, or any programs or agencies of those entities.
(3) A license issued under this chapter remains the property of the department and may not be transferred.
(4) The department may adopt rules to implement the provisions of this chapter.
History: En. Sec. 3, Ch. 344, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 2. Licensing › 39-8-204. License renewal

39-8-204. License renewal.
(1) A license issued under this chapter is valid for 1 year from the date of issuance unless suspended or revoked.
(2) An applicant for license renewal is subject to the requirements of 39-8-202(3) through (11).
(3) At least 30 days prior to the expiration of the license, the licensee shall submit an application for renewal of a license on a form prescribed by the department and accompanied by the license fee, as provided in 39-8-205.
(4) A late renewal application may not be processed prior to the expiration of the licensee's current license. A person engaged in an unlicensed activity is subject to the penalty established in 39-8-302.
(5) Denial of a renewal license is subject to review under the provisions of 39-8-203.
History: En. Sec. 6, Ch. 344, L. 1995; amd. Sec. 3, Ch. 260, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 2. Licensing › 39-8-205. Renewal fees

39-8-205. Renewal fees.
(1) The fee for the renewal of a resident or nonresident unrestricted license is $750.
(2) The fee for the renewal of a restricted license is $500.
(3) The application fee required in 39-8-202 does not apply to the renewal of an unrestricted license.
(4) Fees collected must be used by the department to implement this chapter.
History: En. Sec. 7, Ch. 344, L. 1995; amd. Sec. 2, Ch. 15, L. 2007.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 2. Licensing › 39-8-206. License suspension, revocation, or nonrenewal

39-8-206. License suspension, revocation, or nonrenewal.
(1) In addition to the penalty provided in 39-8-302, the department may suspend for up to 1 year, may permanently revoke, or may refuse to renew a license issued under this chapter if, after notice to the licensee, the department finds that any of the following exists:
(a) a cause for which issuance of the license could have been refused had it been known to the department at the time of issuance;
(b) a violation of an order of the department or noncompliance with any provision of this chapter;
(c) procurement of or attempting to procure a license through misrepresentation or fraud;
(d) failure to provide a written response to a written inquiry from the department or its agent within 30 days after receiving an inquiry; or
(e) failure to meet or maintain any other requirement of this chapter.
(2) If a license is suspended, revoked, or not renewed, the department shall:
(a) immediately notify by certified mail the licensee and the licensee's workers' compensation carrier; and
(b) require the licensee to:
(i) notify each client by certified mail, return receipt requested, of the suspension, revocation, or nonrenewal using language furnished by the department;
(ii) notify each client in writing that the client shares joint and several liability, retroactive to the date of the client's entering into a contract with the licensee, for any wages, workers' compensation premiums, payroll-related taxes, and any benefits left unpaid by the professional employer organization or group; and
(iii) provide the department with evidence of client notification.
(3) Upon notification, the licensee may appeal the decision of the department pursuant to the procedure provided in 39-8-203.
History: En. Sec. 8, Ch. 344, L. 1995; amd. Sec. 4, Ch. 260, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 3. Disciplinary Provisions › 39-8-301. Deceptive practices prohibited

39-8-301. Deceptive practices prohibited.
A professional employer organization or group may not:
(1) make, issue, circulate, or cause to be made, issued, or circulated an estimate, illustration, circular, statement, advertisement, sales presentation, omission, or comparison that misrepresents the benefits, advantages, conditions, or terms of a professional employer arrangement or that is otherwise untrue, deceptive, or misleading;
(2) enter into an agreement to commit or by concerted action commit an act of boycott, coercion, or intimidation that results in unreasonable restraint of or monopoly in the business of professional employer services;
(3) file with the department or other public official or make, publish, disseminate, circulate, or deliver to a person a false statement of financial condition with the intent to deceive;
(4) knowingly:
(a) make a false entry of a material fact in a book, report, or statement of a person; or
(b) omit a material fact pertaining to the business of the person from a book, report, or statement of that person;
(5) permit the use or filing of a name, trade name, fictitious name, or business identity that is the same as or similar to or that may be confused with the name, trade name, fictitious name, or business identity of an existing licensee, governmental agency, or nonprofit organization; or
(6) commit any other practice determined by department rule to be deceptive.
History: En. Sec. 10, Ch. 344, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 3. Disciplinary Provisions › 39-8-302. Disciplinary action against licensee -- penalties

39-8-302. Disciplinary action against licensee -- penalties.
(1) The department may deny a license application or may suspend, revoke, or refuse to renew an existing license for a person who:
(a) obtains or renews a license through bribery, fraud, or willful misrepresentation;
(b) engages in fraud, deceit, misrepresentation, or misconduct in:
(i) obtaining or providing workers' compensation or health coverage;
(ii) the classification of employees;
(iii) the reporting of employee wages for purposes of any payroll-related taxes or workers' compensation benefits; or
(iv) the operation of a professional employer organization or group;
(c) conducts business without a valid license;
(d) fails to maintain evidence of workers' compensation insurance coverage;
(e) transfers or attempts to transfer a license issued pursuant to this chapter; or
(f) violates the provisions of this chapter or a rule issued pursuant to this chapter.
(2) A person who fails to comply with the provisions of this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine of up to $1,000, imprisonment for not more than 1 year, or both.
History: En. Sec. 11, Ch. 344, L. 1995; amd. Sec. 6, Ch. 260, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 3. Disciplinary Provisions › 39-8-303. Practice without license -- investigation of complaint -- injunction

39-8-303. Practice without license -- investigation of complaint -- injunction.
(1) The department shall investigate complaints concerning practice by an unlicensed person of activities for which a license is required under this chapter.
(2) The department may file an action to enjoin a person from practicing without a license as a professional employer organization or group.
History: En. Sec. 12, Ch. 344, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 3. Disciplinary Provisions › 39-8-304. Violation of injunction -- penalty

39-8-304. Violation of injunction -- penalty.
A person who violates an injunction issued under 39-8-303 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. 13, Ch. 344, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 3. Disciplinary Provisions › 39-8-305. Investigations -- audits -- reviews

39-8-305. Investigations -- audits -- reviews.
(1) The department or its agent may perform an investigation, audit, or review necessary to determine whether a person has violated any provision of this chapter or any rule promulgated by the department to implement this chapter.
(2) Except as provided in subsection (3), material compiled by the department or its agent in an investigation, audit, or review pursuant to this section is a public record and may be disclosed.
(3) Financial information, client lists, and lists of workers that are assigned by a professional employer organization or group and that are obtained by the department or its agent during an investigation, audit, or review are confidential and may not be published or be open to public inspection, except to public employees in the performance of their public duties.
History: En. Sec. 14, Ch. 344, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 4. Confidentiality -- Applicability of Other Law › 39-8-401. Disclosure of information

39-8-401. Disclosure of information.
(1) The department may not disclose to any person the records, statements, or documents received from an applicant, client, or professional employer organization or group, except:
(a) information necessary for public employees in the performance of their public duties; or
(b) in response to an order received by a court of competent jurisdiction upon a finding that the disclosure of the record, statement, or document is necessary because the merits of disclosure clearly exceed the demand for individual privacy.
(2) The department may publish or make available to the public reasonable statistical data or reports regarding professional employer organizations or groups if the data or reports protect the identity of an applicant, client, or professional employer organization or group.
History: En. Sec. 15, Ch. 344, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 4. Confidentiality -- Applicability of Other Law › 39-8-402. Other law

39-8-402. Other law.
(1) This chapter does not exempt a client of a professional employer organization or group or an employee assigned to a client by a professional employer organization or group from other local, state, or federal license or registration requirements.
(2) An employee who is licensed, registered, or certified under law and who is assigned to a client location is an employee of the client for purposes of the license, registration, or certification.
(3) Except as provided in a professional employer arrangement, a professional employer organization or group is not liable for the general debts, obligations, profit losses, business goodwill, or other damages of a client with which it has entered into a professional employer arrangement.
History: En. Sec. 16, Ch. 344, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 8. Professional Employer Organizations and Groups Licensing › Part 4. Confidentiality -- Applicability of Other Law › 39-8-403. Workers' compensation insurer requirements

39-8-403. Workers' compensation insurer requirements.
(1) An insurer that provides workers' compensation insurance to a professional employer organization shall base classifications and rates applicable to the payroll of a worker who is subject to either a professional employer arrangement or an employee leasing arrangement as though the worker has been a direct employee of the client employer. If an experience modification has been established for the client employer, that experience modification must be audited using the factors in subsection (3) and must be applied by the insurer to the premium for the client employer's workers.
(2) The insurer of a professional employer organization shall report to the workers' compensation advisory or rating organization of which the insurer is required to be a member under Title 33, chapter 16, part 10, all data by client, including payroll by classification and liabilities for each client during the term of the policy.
(3) An insurer shall audit policies issued to a professional employer organization within 90 days of the policy effective date and may conduct quarterly audits thereafter. The purpose of the audit is to determine whether all classifications, experience modification factors, and estimated payroll used with respect to the development of the premium charged are appropriate.
(4) All operations of a client, whether or not all or a portion of the client's operations are subject to a professional employer arrangement or employee leasing arrangement, must be insured by the same insurer.
History: En. Sec. 17, Ch. 344, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 1. General Provisions › 39-9-101. Purpose

39-9-101. Purpose.
It is the purpose of this chapter to ensure that all construction contractors and home inspectors are competing fairly and in compliance with state laws.
History: En. Sec. 1, Ch. 500, L. 1995; amd. Sec. 1, Ch. 548, L. 1997; amd. Sec. 2, Ch. 294, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 1. General Provisions › 39-9-102. Definitions

39-9-102. Definitions.
As used in this chapter, the following definitions apply:
(1) "Construction contractor" means a person, firm, or corporation that:
(a) in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish for another a building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works, or the installation or repair of roofing or siding; or
(b) in order to do work similar to that described in subsection (1)(a) upon the construction contractor's property, employs members of more than one trade on a single job or under a single building permit, except as otherwise provided.
(2) "Department" means the department of labor and industry.
(3) (a) "Home inspection" means a physical examination of a residential dwelling to identify major defects in various attributes of or attachments to the dwelling, including mechanical, electrical, and plumbing systems in addition to structural and other essential components. Home inspections are performed for compensation and employ visual observation and the testing of user controls but not mathematical or specialized engineering sciences.
(b) The term does not mean a physical examination of a residential dwelling when the owner or a representative of the owner requests the examination by an individual who is licensed, certified, or registered in this state and who is acting within the scope of practice of the individual's profession or occupation.
(4) "Home inspection report" means a written document prepared by a home inspector for a client and issued to the client in exchange for compensation after a home inspection has been completed. The report must clearly identify and describe:
(a) the inspected systems, structures, and other relevant components of the dwelling;
(b) any major visible defects in the inspected systems, structures, and other relevant components of the dwelling; and
(c) any recommendations for further evaluation of the property by other appropriate persons.
(5) "Home inspector" means a person who performs a home inspection for compensation.
History: En. Sec. 2, Ch. 500, L. 1995; amd. Sec. 2, Ch. 548, L. 1997; amd. Sec. 3, Ch. 294, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 2. Registration › 39-9-201. Registration required -- application

39-9-201. Registration required -- application.
(1) Each construction contractor shall register with the department.
(2) An applicant for registration as a construction contractor shall submit an application on a form to be provided by the department that must include the following information:
(a) the applicant's social security number;
(b) proof of compliance with workers' compensation laws;
(c) the I.R.S. employer identification number, if any; and
(d) the name and address of:
(i) each partner if the applicant is a firm or partnership;
(ii) the owner if the applicant is an individual proprietorship;
(iii) the corporate officers and registered agent if the applicant is a corporation; or
(iv) the manager of a manager-managed limited liability company or the members of a member-managed limited liability company and the registered agent if the applicant is a limited liability company.
History: En. Sec. 3, Ch. 500, L. 1995; amd. Sec. 3, Ch. 548, L. 1997; amd. Sec. 1, Ch. 133, L. 2005.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 2. Registration › 39-9-204. Certificate of registration -- issuance -- duration

39-9-204. Certificate of registration -- issuance -- duration.
(1) The department shall issue to the applicant a certificate of registration upon compliance with the registration requirements of this chapter.
(2) The department shall place the expiration date on the certificate. The certificate is valid for 2 years.
History: En. Sec. 6, Ch. 500, L. 1995; amd. Sec. 4, Ch. 548, L. 1997.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 2. Registration › 39-9-205. When partnership or joint venture considered registered

39-9-205. When partnership or joint venture considered registered.
A partnership or joint venture is considered registered under this chapter if one of the general partners or venturers whose name under which the partnership or venture does business is registered.
History: En. Sec. 7, Ch. 500, L. 1995.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 2. Registration › 39-9-206. Fees -- education program

39-9-206. Fees -- education program.
(1) The department shall charge fees to construction contractors and home inspectors for:
(a) issuance, renewal, and reinstatement of certificates of registration; and
(b) change of name, address, or business structure.
(2) The department shall set the fees by administrative rule. The fees must cover the full cost of issuing certificates, filing papers and notices, and administering and enforcing this chapter. The costs include reproduction, travel, per diem, and administrative and legal support costs.
(3) The fees charged in subsection (1)(a) may not exceed:
(a) for a construction contractor:
(i) $70 for the initial registration certificate; or
(ii) $70 for the renewal or reinstatement of a registration certificate; or
(b) for a home inspector, an amount determined in rule for the initial registration certificate or for the renewal or reinstatement of a registration certificate.
(4) The fees collected under this section must be deposited in a state special revenue account to the credit of the department for the administration and enforcement of this chapter and independent contractor certification provided for in Title 39, chapter 71, part 4.
(5) The department shall establish, cooperatively with representatives of the building industry and the home inspection industry, an industry and consumer information program, funded with 15% of the fees, to educate the building industry and home inspectors about the registration requirements and to educate the public regarding the hiring of building construction contractors and home inspectors.
(6) The fee for a joint application for a certificate of registration and an independent contractor exemption certificate may not exceed the total fee charged for a certificate of registration and an independent contractor exemption certificate that are obtained separately. The fee paid for the independent contractor exemption certificate may be used by the department to offset the cost of administering independent contractor certification provided for in Title 39, chapter 71, part 4.
History: En. Sec. 8, Ch. 500, L. 1995; amd. Sec. 5, Ch. 548, L. 1997; amd. Sec. 2, Ch. 133, L. 2005; amd. Sec. 4, Ch. 294, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 2. Registration › 39-9-207. Registration -- limiting liability

39-9-207. Registration -- limiting liability.
A person who, pursuant to an oral or written contract, engages a construction contractor or a home inspector who is registered under this chapter on the date of the contract is not liable as an employer for workers' compensation coverage under 39-71-405, for unemployment insurance coverage, or for wages and fringe benefits for:
(1) the registered construction contractor or home inspector;
(2) the employees of the registered construction contractor or home inspector; or
(3) any subsequent subcontractor or the employees of any subsequent subcontractor engaged to fulfill a part of or all of the obligations of the oral or written contract of the registered construction contractor or home inspector listed in subsection (1).
History: En. Sec. 9, Ch. 500, L. 1995; amd. Sec. 6, Ch. 548, L. 1997; amd. Sec. 5, Ch. 294, L. 2019.
2023 Montana Code Annotated › Title 39. Labor › Chapter 9. Contractor Registration › Part 2. Registration › 39-9-212. Home inspector registration -- penalty -- rulemaking

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