reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 4. Regulation of Practice › 37-54-403. Standards of professional appraisal practice

37-54-403. Standards of professional appraisal practice.
(1) A licensed or certified real estate appraiser shall comply with generally accepted standards of professional appraisal practice, evidenced by the uniform standards of professional appraisal practice promulgated by the appraisal standards board of the appraisal foundation. A licensed or certified real estate appraiser shall comply with these standards regardless of whether the appraisal is a federally related transaction or is capable of being performed by an unlicensed person under 37-54-201(3).
(2) If the appraisal standards board of the appraisal foundation modifies the standards or issues supplemental standards that it considers appropriate for all classes of real estate appraisers, the modification is automatically adopted as observable in this state unless the board determines that a public hearing is necessary to determine whether the modified or supplemented standards must be observed in this state. If following the hearing the board determines that the modified or supplemented standards are appropriate, the board shall adopt the standards by rule.
History: En. Sec. 13, Ch. 409, L. 1991; amd. Sec. 7, Ch. 81, L. 1993; amd. Sec. 22, Ch. 230, L. 1999.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 4. Regulation of Practice › 37-54-406. Repealed

37-54-406. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 28, Ch. 409, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 4. Regulation of Practice › 37-54-411. Classification of services

37-54-411. Classification of services.
(1) A client or employer may retain or employ a licensed or certified real estate appraiser to:
(a) act as a disinterested third party in rendering an unbiased analysis, opinion, conclusion, or estimate of value; or
(b) provide specialized appraisal services to facilitate the client's or employer's objectives.
(2) In either instance described in subsection (1), the appraisal and appraisal report must comply with the provisions of this chapter.
History: En. Sec. 16, Ch. 409, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 4. Regulation of Practice › 37-54-412. Collection of appraisal fees

37-54-412. Collection of appraisal fees.
A person who performs independent appraisal services as a licensed or certified real estate appraiser in this state may not bring an action in any court in this state to collect compensation for the performance of those services unless the person alleges and proves that the person held a valid license or certificate at all times during the performance of those services.
History: En. Sec. 12, Ch. 409, L. 1991; amd. Sec. 1418, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 4. Regulation of Practice › 37-54-415. Place of business

37-54-415. Place of business.
(1) A resident licensed or certified real estate appraiser shall maintain a principal place of business in this state. If the appraiser changes the principal place of business, the appraiser shall promptly notify the board in writing of the change. Upon receipt of notice of the change, the board shall issue a new license or certificate for the unexpired term, stating the principal place of business.
(2) A nonresident licensee is not required to maintain a place of business in this state if the licensee maintains a principal place of business in the licensee's domicile state.
History: En. Sec. 11, Ch. 409, L. 1991; amd. Sec. 1419, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 4. Regulation of Practice › 37-54-416. Retention of records

37-54-416. Retention of records.
(1) A licensed or certified real estate appraiser shall retain for 5 years from the date of submission of an appraisal report to a client:
(a) an original or true copy of any written contract engaging the person's services as an appraiser;
(b) an appraisal report prepared or signed by the licensed or certified real estate appraiser; and
(c) all supporting data assembled and formulated by the licensed or certified real estate appraiser in preparing the appraisal report.
(2) If a licensed or certified real estate appraiser is notified within this 5-year period that the appraisal report is involved in litigation, the appraiser shall retain the appraisal report for 5 years from the final date of disposition of the litigation.
(3) The licensed or certified real estate appraiser shall make available to the board at reasonable times, for inspection and copying, any appraisal report the appraiser is required to maintain under the provisions of this section.
History: En. Sec. 15, Ch. 409, L. 1991; amd. Sec. 1420, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 4. Regulation of Practice › 37-54-417. Repealed

37-54-417. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 23, Ch. 409, L. 1991.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-502. Registration exemptions

37-54-502. Registration exemptions.
(1) The provisions of this chapter do not apply to a person who exclusively employs appraisers on an employer-employee basis for the performance of an appraisal assignment.
(2) An appraisal management company that is a subsidiary owned and controlled by a financial institution that is regulated by a federal financial institution regulatory agency is not required to register with the board but shall comply with all provisions of this chapter, as long as the provisions of this chapter do not conflict with federal law related to the operation of an appraisal management company in this state.
History: En. Sec. 4, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-503. Owner requirements

37-54-503. Owner requirements.
(1) An appraisal management company applying for registration in this state may not be owned by:
(a) a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in any state unless the license or certificate was subsequently granted or reinstated; or
(b) another entity that is owned by a person who has had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in any state unless the license or certificate was subsequently granted or reinstated.
(2) Each person who owns an appraisal management company in this state:
(a) must be of good moral character, as determined by the board; and
(b) shall submit to a background examination as determined by the board.
(3) Each appraisal management company applying for registration in this state shall certify to the board that the appraisal management company has reviewed each person or entity that directly or indirectly owns the appraisal management company, in whole or in part, and that no person or entity that directly or indirectly owns the appraisal management company, in whole or in part, has had a license, a certificate, or registration to act as an appraiser or appraisal management company refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in any state.
History: En. Sec. 5, Ch. 270, L. 2011; amd. Sec. 6, Ch. 55, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-504. Contact individual

37-54-504. Contact individual.
(1) Each appraisal management company shall designate one individual as the main contact for communication between the board and the appraisal management company. An appraisal management company may designate a controlling person of the company as the contact individual.
(2) The contact individual designated pursuant to subsection (1):
(a) must hold a license or certificate to act as an appraiser in at least one state;
(b) must not have had a license or certificate to act as an appraiser refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation in any state unless the license or certificate was subsequently granted or reinstated;
(c) must be of good moral character, as determined by the board; and
(d) shall submit to a background examination as determined by the board.
History: En. Sec. 6, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-505. Employee requirements

37-54-505. Employee requirements.
An appraisal management company may not:
(1) employ a person who may have any responsibility in ordering appraisal reports, providing quality control testing for appraisal reports, or communicating with appraisers regarding any potential appraisal report deficiencies who has had a license or certificate to act as an appraiser in any state refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation unless the license or certificate was subsequently granted or reinstated;
(2) enter into an independent contractor arrangement with a person who has had a license or certificate to act as an appraiser in any state refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation unless the license or certificate was subsequently granted or reinstated.
History: En. Sec. 7, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-506. Appraisal review

37-54-506. Appraisal review.
An employee or independent contractor of the appraisal management company that performs an appraisal review for a property located in this state:
(1) must be an appraiser licensed or certified in this state; and
(2) shall comply with the review provisions of the uniform standards of professional appraisal practice.
History: En. Sec. 8, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-507. Mandatory reporting

37-54-507. Mandatory reporting.
An appraisal management company that has a reasonable basis to believe an appraiser is failing to comply with the uniform standards of professional appraisal practice, is violating applicable laws, or is otherwise engaging in unethical or unprofessional conduct shall refer the matter to the board.
History: En. Sec. 9, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-508. Limitations

37-54-508. Limitations.
(1) An appraisal management company registered in this state pursuant to this chapter may not enter into contracts or agreements with an individual for the performance of appraisals unless the company obtains verification that the individual is licensed or certified to perform appraisals pursuant to this chapter. Verification by reference to information published on the website of the appraisal subcommittee of the federal financial institutions examination council must be considered acceptable for purposes of compliance with this section.
(2) Unless prohibited by the policies of a client or an end user of an appraisal report, an appraisal management company may not prevent or otherwise restrict a licensed real estate appraisal trainee from performing work in accordance with the uniform standards of professional appraisal practice, pursuant to the requirements of the board, and under the supervision of a real estate appraiser mentor who is on the appraisal management company's appraisal panel.
(3) Unless prohibited by the policies of a client or an end user of an appraisal report or by other state or federal law, an appraisal management company may not prevent or otherwise restrict a licensed or certified real estate appraiser from transferring an appraisal assignment to another licensed or certified real estate appraiser who is on the appraisal management company's appraisal panel if:
(a) the transferee is an employee of the transferor; and
(b) the transferee can complete the appraisal assignment in accordance with the uniform standards of professional appraisal practice and pursuant to the requirements of the board.
History: En. Sec. 10, Ch. 270, L. 2011; amd. Sec. 5, Ch. 303, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-509. Certification to board -- appraisal panel members

37-54-509. Certification to board -- appraisal panel members.
Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that the appraisal management company has a system and process in place to verify that all appraisers on the appraisal panel of the appraisal management company are licensed or certified in this state pursuant to this chapter.
History: En. Sec. 11, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-510. Certification to board -- continuing licensure

37-54-510. Certification to board -- continuing licensure.
Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that the appraisal management company has a system in place to verify that an appraiser to whom the appraisal management company is making an assignment for the completion of an appraisal has not had a license or certification as an appraiser refused, denied, canceled, revoked, or surrendered in lieu of a pending revocation since the last time that the appraisal management company made an assignment for an appraisal to the appraiser. Verification by reference to information published on the website of the appraisal subcommittee of the federal financial institutions examination council must be considered acceptable for purposes of compliance with this section.
History: En. Sec. 12, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-511. Certification -- adherence to standards

37-54-511. Certification -- adherence to standards.
Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that it has a system in place to perform on an annual basis an appraisal review of the work of all appraisers who are performing appraisals for the appraisal management company to validate that the appraisals are being conducted in accordance with the uniform standards of professional appraisal practice.
History: En. Sec. 13, Ch. 270, L. 2011; amd. Sec. 7, Ch. 55, L. 2017.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-512. Audits

37-54-512. Audits.
Upon renewal, not less than 10% of the appraisal management companies in this state must be subjected to a random audit. Audited appraisal management companies shall submit the recordkeeping documentation described in 37-54-513 for the 12-month period prior to renewal and any other documentation the board requests to validate compliance with this chapter. Any costs incurred by the board during an audit may be attributed to the appraisal management company.
History: En. Sec. 14, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-513. Recordkeeping

37-54-513. Recordkeeping.
Each appraisal management company seeking to be registered in this state shall certify to the board on an annual basis that it has retained the following documentation in accordance with the recordkeeping provisions of the uniform standards of professional appraisal practice and applicable state law:
(1) a full record as prescribed by the board that includes the names of the entities requesting service from the appraisal management company and the corresponding names of the appraisers that performed the appraisal services; and
(2) all certifications and supporting documentation for board registration and renewals, including audit reports required by this chapter.
History: En. Sec. 15, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-514. Appraiser independence -- prohibitions

37-54-514. Appraiser independence -- prohibitions.
(1) An employee, director, officer, or agent of an appraisal management company registered in this state may not influence or attempt to influence the development, reporting, or review of an appraisal through coercion, extortion, collusion, compensation, inducement, intimidation, or bribery or in any other manner, including but not limited to:
(a) withholding or threatening to withhold timely payment for an appraisal;
(b) withholding or threatening to withhold future business for an appraisal assignment or demoting or terminating or threatening to demote or terminate an appraiser;
(c) expressly or impliedly promising future business, promotions, or increased compensation for an appraiser;
(d) conditioning the request for an appraisal or the payment of an appraisal fee, salary, or bonus on the opinion, conclusion, or valuation to be reached or on a preliminary estimate or opinion requested from an appraiser;
(e) requesting that an appraiser provide an estimated, predetermined, or desired valuation in an appraisal report or provide estimated values or comparable sales at any time prior to the appraiser's completion of an appraisal;
(f) providing to an appraiser an anticipated, estimated, encouraged, or desired value for a subject property or a proposed or target amount to be loaned to the borrower, except that a copy of the sales contract for a purchase transaction may be provided;
(g) providing stock or other financial or nonfinancial benefits to an appraiser or a person related to the appraiser;
(h) allowing the removal of an appraiser from an appraiser panel without prior written notice to the appraiser; or
(i) performing any other act or practice that impairs or attempts to impair an appraiser's independence, objectivity, or impartiality.
(2) Subsection (1) may not be construed as prohibiting an appraisal management company from requesting that an appraiser:
(a) consider additional appropriate property information that falls within the original scope of work for that appraisal service;
(b) provide additional information about the basis for a valuation; or
(c) correct objective factual errors in an appraisal report.
History: En. Sec. 16, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-515. Guaranty of payment

37-54-515. Guaranty of payment.
Each appraisal management company registered in this state shall, except in cases of breach of contract, pay an appraiser for the completion of an appraisal or valuation assignment within 60 days of the date on which the appraiser transmits or otherwise provides the completed appraisal or valuation study to the appraisal management company or its assignee.
History: En. Sec. 17, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-516. Alteration of appraisal report

37-54-516. Alteration of appraisal report.
An appraisal management company may not alter, modify, or otherwise change a completed appraisal report submitted by an appraiser unless the alteration is mandated by federal laws, guidelines, or provisions. This section does not apply to the conversion of appraisal reports to data streams required by federal lending agencies.
History: En. Sec. 18, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-517. Registration

37-54-517. Registration.
The department shall publish annually a list of appraisal management companies that have registered with the department pursuant to this chapter.
History: En. Sec. 19, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-518. Advertising

37-54-518. Advertising.
(1) An appraisal management company registered in this state shall disclose its registration number on its engagement letter for each appraisal assignment.
(2) An appraiser shall list the appraisal management company's approved registration number in the body of the appraisal report.
History: En. Sec. 20, Ch. 270, L. 2011; amd. Sec. 6, Ch. 303, L. 2015.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 54. Real Estate Appraisers › Part 5. Appraisal Management Companies › 37-54-519. Unprofessional conduct

37-54-519. Unprofessional conduct.
An appraisal management company engages in unprofessional conduct if it:
(1) requires an appraiser to modify any aspect of an appraisal report other than those items identified by a quality control examination, including items that are found to be incomplete within the defined scope of work in the original assignment;
(2) requires an appraiser to prepare an appraisal report if the appraiser, in the appraiser's own professional judgment, believes the appraiser does not have the necessary expertise for the specific geographic area and the appraiser has notified the appraisal management company of the issue;
(3) requires an appraiser to prepare an appraisal report under a timeframe that the appraiser, in the appraiser's professional judgment, believes does not allow the appraiser to meet all relevant legal and professional obligations and the appraiser has notified the appraisal management company of the issue;
(4) prohibits or inhibits legal and allowable communication between the appraiser and:
(a) the lender;
(b) a real estate licensee; or
(c) any other person from whom the appraiser, in the appraiser's professional judgment, believes information would be relevant;
(5) requires the appraiser to do anything that does not comply with:
(a) the uniform standards of professional appraisal practice; or
(b) assignment conditions and certifications required by the client;
(6) makes any portion of the appraiser's fee or the appraisal management company's fee contingent on a favorable outcome, including but not limited to:
(a) a loan closing; or
(b) a specific dollar amount being achieved by the appraiser in the appraisal report.
History: En. Sec. 21, Ch. 270, L. 2011.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 56. Property Managers › Part 1. General › 37-56-101. Definitions

37-56-101. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Department" means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(2) "Property manager" means an individual who engages in the business of leasing, renting, subleasing, or other transfer of possession of real estate located in this state without transfer of the title to the property. The term includes but is not limited to an individual who:
(a) engages in negotiations for the lease or sublease of any real estate or of the improvements on any real estate;
(b) promotes the lease, rental, exchange, or other disposition of real estate;
(c) assists in creating or completing real estate lease contracts;
(d) procures tenants;
(e) aids or offers to aid, for a fee, any person in locating or obtaining any real estate for lease;
(f) makes the advertising of real property for lease available by public display to potential tenants;
(g) shows rental or lease properties to potential tenants;
(h) acts as a liaison between the owners of real estate and a tenant or potential tenant;
(i) generally oversees the inspection, maintenance, and upkeep of leased real estate;
(j) collects rents or attempts to collect rents;
(k) pays or receives a fee, commission, or other compensation for referral of the name of a prospective lessor or lessee; or
(l) advertises or represents to the public that the individual is engaged in any of the activities referred to in this subsection (2).
(3) "Real estate" includes leaseholds as well as any other interest or estate in land, whether corporeal, incorporeal, freehold, or nonfreehold and whether the real estate is situated in this state or elsewhere.
(4) "Trust account" means an account for real estate trust funds maintained at a depository institution from which withdrawals or transfers can be made without delay, subject to any notice period that the depository institution is required to observe by law.
History: En. Sec. 1, Ch. 482, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 56. Property Managers › Part 1. General › 37-56-102. Department powers and duties -- rulemaking

37-56-102. Department powers and duties -- rulemaking.
(1) The department shall:
(a) license and renew the licenses of qualified applicants; and
(b) adopt rules related to:
(i) eligibility requirements and competency standards;
(ii) license fees; and
(iii) defining unprofessional conduct that is not included in 37-1-410.
(2) The department may:
(a) adopt rules necessary to implement the provisions of this part; and
(b) establish licensure requirements and procedures as appropriate.
History: En. Sec. 2, Ch. 482, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 56. Property Managers › Part 1. General › 37-56-103. License required to manage property

37-56-103. License required to manage property.
A person may not practice as a property manager unless actively licensed under Title 37, chapter 1, and this part.
History: En. Sec. 3, Ch. 482, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 56. Property Managers › Part 1. General › 37-56-104. Exemptions from requirement of property manager license

37-56-104. Exemptions from requirement of property manager license.
(1) The property manager licensing provisions of this part do not apply to:
(a) an owner of a business entity that owns the property;
(b) an owner of a business entity that manages the property for an owner that is exempt under subsection (1)(a). However, all owners of the business entity that owns the property and all owners of the business entity that manages the property must be relatives as provided in subsection (1)(c) or (1)(d).
(c) the spouse of the property owner;
(d) the child, descendant of a child, sibling, parent, niece, nephew, aunt, or uncle of either the property owner or the spouse of the property owner;
(e) a person who leases no more than four residential real estate units;
(f) a person acting as attorney-in-fact under a power of attorney;
(g) an attorney at law in the performance of duties as an attorney;
(h) a person acting pursuant to a court order or a trustee;
(i) an officer of the state or a political subdivision in the conduct of official duties;
(j) a person who receives reduced rent or salary, unless that person holds signatory authority on the trust account;
(k) a person employed by the owner of the real estate if that person's property management duties are incidental to the person's other employment-related duties; or
(l) a person employed on a salaried basis by only one person.
(2) A broker or salesperson licensed under Title 37, chapter 51, may act as a property manager. A salesperson may not act as a property manager without a supervising broker.
(3) For the purposes of subsections (1)(a) and (1)(b), "owner" means a person who is a:
(a) sole proprietor;
(b) managing member of a limited liability company;
(c) shareholder of a corporation; or
(d) partner in a partnership.
History: En. Sec. 4, Ch. 482, L. 2023; amd. Sec. 2, Ch. 609, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 56. Property Managers › Part 1. General › 37-56-105. Qualification of property manager applicants -- examination -- issuance of license

37-56-105. Qualification of property manager applicants -- examination -- issuance of license.
(1) An applicant for a property manager license must:
(a) be at least 18 years of age;
(b) have graduated from an accredited high school or completed an equivalent education as determined by the department;
(c) apply for licensure to the department;
(d) have successfully completed a course of education approved by the department; and
(e) have passed an examination prescribed by the department.
(2) The course of education must include the subjects of real estate leasing principles, real estate leasing law, and related topics.
History: En. Sec. 5, Ch. 482, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 56. Property Managers › Part 1. General › 37-56-106. Penalty for failure to comply with trust account requirements

37-56-106. Penalty for failure to comply with trust account requirements.
(1) An employee of the department may issue a citation to a property manager responsible for maintenance of a trust account for failure to comply with trust account maintenance requirements as provided by rule under 37-1-319(4).
(2) The citation must include:
(a) the time and date on which the citation is issued;
(b) the name, title, mailing address, and signature of the person issuing the citation;
(c) reference to the statute or rule violated;
(d) the name, title, and mailing address of the person to whom the citation is being sent, along with information explaining the procedure for the person receiving the citation to follow to pay the fine or dispute the violation; and
(e) the amount of the applicable fine.
(3) The applicable civil fine for failure to comply with trust account maintenance requirements is $1,000 for each cited violation.
(4) The person who issues the citation is authorized to collect the fine and deposit the proceeds in the state special revenue account to the credit of the board.
(5) The person who is issued a citation may pay the fine or file a written dispute of the violation with the department within 5 business days of the date of issuance.
(6) A person who refuses to sign and accept a citation but who does not file a written dispute of the violation is demonstrating unprofessional conduct.
History: En. Sec. 6, Ch. 482, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 56. Property Managers › Part 1. General › 37-56-107. Property manager's office -- notice of change of address

37-56-107. Property manager's office -- notice of change of address.
A property manager shall maintain a designated physical office. The designated address of the property manager must be indicated on the property manager's license. The property manager shall notify the department of a new address within 10 days.
History: En. Sec. 7, Ch. 482, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 56. Property Managers › Part 1. General › 37-56-108. Transactions with nonlicensed persons unlawful -- action for compensation limited to licensees

37-56-108. Transactions with nonlicensed persons unlawful -- action for compensation limited to licensees.
(1) It is unlawful for a licensed property manager to employ or compensate, directly or indirectly, a person who is not a licensed property manager for performing the acts regulated by this part.
(2) A person seeking to collect compensation for the lease of real estate shall demonstrate licensure or exemption from licensure.
History: En. Sec. 8, Ch. 482, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 1. General › 37-60-102. Repealed

37-60-102. Repealed.
Sec. 34, Ch. 550, L. 1983.
History: En. 66-3305 by Sec. 5, Ch. 234, L. 1974; R.C.M. 1947, 66-3305(1).
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 1. General › 37-60-103. Purpose

37-60-103. Purpose.
The purpose of this chapter is to regulate the qualifications and standards of practice of private security firms, electronic security firms, private investigators, private security firearms instructors, private security guards, registered process servers, and security alarm installers to protect the public health, safety, and welfare.
History: En. 66-3305 by Sec. 5, Ch. 234, L. 1974; R.C.M. 1947, 66-3305(2); amd. Sec. 3, Ch. 550, L. 1983; amd. Sec. 13, Ch. 405, L. 2007; amd. Sec. 29, Ch. 502, L. 2007; amd. Sec. 2, Ch. 194, L. 2009; amd. Sec. 4, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 1. General › 37-60-104. Restrictions on private security firms

37-60-104. Restrictions on private security firms.
An employee of a private security firm may not make any investigation or investigations except those that are incidental to the theft, loss, embezzlement, misappropriation, or concealment of any property or any other thing that the employee has been hired or engaged to protect, guard, or watch.
History: En. 66-3305 by Sec. 5, Ch. 234, L. 1974; R.C.M. 1947, 66-3305(3); amd. Sec. 4, Ch. 550, L. 1983; amd. Sec. 1421, Ch. 56, L. 2009; amd. Sec. 5, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 1. General › 37-60-105. Exemptions

37-60-105. Exemptions.
(1) This chapter does not apply to:
(a) an individual employed singly and exclusively by an employer other than a private security firm in connection with the affairs of that employer only and when there exists an employer-employee relationship and the employee is unarmed, does not wear a uniform, and is guarding inside a structure that at the time is not open to the public;
(b) an individual employed singly and exclusively by a retail merchant as a private security guard;
(c) an officer or employee of the United States, of this state, or of a political subdivision of the United States or this state while the officer or employee is engaged in the performance of official duties;
(d) an individual who provides information about the financial rating, financial habits, and financial responsibility of applicants for insurance, indemnity bonds, or commercial credit;
(e) an attorney engaged in the practice of law;
(f) a law student, legal intern, paralegal, or legal assistant under the direction of one or more attorneys;
(g) a collection agency or finance company making an investigation incidental to the business of the agency or company;
(h) special agents employed by railroad companies;
(i) insurers and insurance producers and insurance brokers licensed by the state while performing duties in connection with insurance transacted by them;
(j) individuals engaged in the collection and examination of physical material for forensic purposes;
(k) an insurance adjuster who investigates insurance claims to determine the extent of liability under an insurance policy but does not engage in surveillance or investigate crime;
(l) an internal investigator or auditor while making an investigation incidental to the business of the agency or company by which the investigator or auditor is singularly and regularly employed;
(m) an individual who evaluates and advises management on personnel and human resource issues in the workplace;
(n) a confidential intermediary under 42-6-104; or
(o) a certified public accountant engaged in an investigation relating to the practice of accounting.
(2) (a) Except as provided in subsection (2)(b), persons listed as exempt in subsection (1) are not exempt for the purposes of acting as registered process servers.
(b) Subsection (2)(a) does not apply to attorneys or persons who make 10 or fewer services of process in a calendar year, as provided in 25-1-1101.
History: En. 66-3306 by Sec. 6, Ch. 234, L. 1974; R.C.M. 1947, 66-3306; amd. Sec. 5, Ch. 550, L. 1983; amd. Sec. 2, Ch. 647, L. 1985; amd. Sec. 2, Ch. 63, L. 1987; amd. Sec. 2, Ch. 332, L. 1989; amd. Sec. 2, Ch. 47, L. 1991; amd. Sec. 14, Ch. 405, L. 2007; amd. Sec. 3, Ch. 194, L. 2009; amd. Sec. 1, Ch. 38, L. 2015; amd. Sec. 6, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 2. Director of Department -- Board › 37-60-201. Repealed

37-60-201. Repealed.
Sec. 19, Ch. 481, L. 2023.
History: En. 66-3302 by Sec. 2, Ch. 234, L. 1974; R.C.M. 1947, 66-3302; amd. Sec. 6, Ch. 550, L. 1983; amd. Sec. 40, Ch. 492, L. 2001.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 2. Director of Department -- Board › 37-60-202. Rulemaking power

37-60-202. Rulemaking power.
The department shall adopt and enforce rules:
(1) establishing the qualifications for licensure and standards of practice for licensees under this chapter and for registered process servers under Title 25, chapter 1, part 11;
(2) for the approval of weapons;
(3) requiring licensees, except registered process servers, to file an insurance policy with the department; and
(4) providing for the issuance of probationary identification cards for private investigators and security alarm installers who do not meet the experience or examination requirements.
History: En. 66-3303 by Sec. 3, Ch. 234, L. 1974; R.C.M. 1947, 66-3303; amd. Sec. 7, Ch. 550, L. 1983; amd. Sec. 8, Ch. 647, L. 1985; amd. Sec. 3, Ch. 63, L. 1987; amd. Sec. 115, Ch. 429, L. 1995; amd. Sec. 42, Ch. 126, L. 2005; amd. Sec. 15, Ch. 405, L. 2007; amd. Sec. 30, Ch. 502, L. 2007; amd. Sec. 18, Ch. 100, L. 2011; amd. Sec. 7, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 2. Director of Department -- Board › 37-60-211. Repealed

37-60-211. Repealed.
Sec. 19, Ch. 481, L. 2023.
History: En. Sec. 8, Ch. 550, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 2. Director of Department -- Board › 37-60-212. Repealed

37-60-212. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. Sec. 9, Ch. 550, L. 1983; amd. Sec. 48, Ch. 281, L. 1983.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-301. Private security license required -- process server registration required -- armed endorsement

37-60-301. Private security license required -- process server registration required -- armed endorsement.
(1) Unless licensed under Title 37, chapter 1, and this chapter, a person may not practice as:
(a) a private security firm;
(b) an electronic security firm;
(c) a private investigator;
(d) a security alarm installer;
(e) a private security firearms instructor; or
(f) a private security guard.
(2) Except as provided in 25-1-1101(2), a person may not practice as a registered process server or use the title "registered process server" without a registration issued by the department.
(3) A private investigator or a private security guard may not possess or use firearms while performing professional duties without meeting the qualifications specified by the department and maintaining a current armed endorsement from the department.
(4) It is unlawful for any unlicensed person to act as, pretend to be, or represent to the public that the person is licensed, registered, or endorsed as any of the license types listed in subsections (1) through (3).
(5) A person appointed by the court as a confidential intermediary under 42-6-104 is not required to be licensed under this chapter. A person who is licensed under this chapter is not authorized to act as a confidential intermediary, as defined in 42-1-103, without meeting the requirements of 42-6-104.
History: En. 66-3304 by Sec. 4, Ch. 234, L. 1974; R.C.M. 1947, 66-3304; amd. Sec. 10, Ch. 550, L. 1983; amd. Sec. 4, Ch. 63, L. 1987; amd. Sec. 116, Ch. 429, L. 1995; amd. Sec. 2, Ch. 360, L. 1997; amd. Sec. 164, Ch. 480, L. 1997; amd. Sec. 16, Ch. 405, L. 2007; amd. Sec. 31, Ch. 502, L. 2007; amd. Sec. 4, Ch. 194, L. 2009; amd. Sec. 4, Ch. 366, L. 2023; amd. Sec. 8, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-302. Repealed

37-60-302. Repealed.
Sec. 19, Ch. 481, L. 2023.
History: En. 66-3307 by Sec. 7, Ch. 234, L. 1974; R.C.M. 1947, 66-3307; amd. Sec. 11, Ch. 550, L. 1983; amd. Sec. 3, Ch. 647, L. 1985; amd. Sec. 43, Ch. 126, L. 2005; amd. Sec. 32, Ch. 502, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-303. Private security services licensure qualifications -- fingerprinting -- insurance

37-60-303. Private security services licensure qualifications -- fingerprinting -- insurance.
(1) An applicant for licensure as a private investigator, private security firearms instructor, private security guard, registered process server, or security alarm installer shall submit evidence satisfactory to the department that the applicant:
(a) is at least 18 years of age;
(b) has completed high school or equivalent education;
(c) meets character and fitness for licensure as demonstrated by a lack of unprofessional conduct; and
(d) has successfully completed training, experience, and examination requirements as the department may prescribe by rule.
(2) In accordance with 34 U.S.C. 40316, the department shall require private investigator, private security firearms instructor, private security guard, registered process server, and security alarm installer license applicants to submit a full set of fingerprints to obtain a national criminal history background check by the Montana department of justice and the federal bureau of investigation for the purposes of licensure.
(3) An applicant for licensure as a private security firm must:
(a) be lawfully organized and registered with the secretary of state or otherwise qualified to do business within this state; and
(b) designate a manager to act as the primary contact between the firm and the department.
History: En. 66-3308 by Sec. 8, Ch. 234, L. 1974; R.C.M. 1947, 66-3308; amd. Sec. 12, Ch. 550, L. 1983; amd. Sec. 4, Ch. 647, L. 1985; amd. Sec. 5, Ch. 63, L. 1987; amd. Sec. 37, Ch. 481, L. 1997; amd. Sec. 11, Ch. 375, L. 2003; amd. Sec. 44, Ch. 126, L. 2005; amd. Sec. 17, Ch. 405, L. 2007; amd. Sec. 33, Ch. 502, L. 2007; amd. Sec. 19, Ch. 100, L. 2011; amd. Sec. 2, Ch. 161, L. 2015; amd. Sec. 9, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-304. Application form and content

37-60-304. Application form and content.
(1) An applicant for licensure under this chapter must complete an application on a form, pay a fee prescribed by the department, and include other information, evidence, statements, or documents as may be prescribed by the rules of the department.
(2) On verification of each applicant's qualifications and fitness for licensure, endorsement, or registration, the department shall issue a license, subject to the renewal and termination provisions of 37-1-141.
History: En. 66-3309 by Sec. 9, Ch. 234, L. 1974; R.C.M. 1947, 66-3309; amd. Sec. 22, Ch. 22, L. 1979; amd. Sec. 13, Ch. 550, L. 1983; amd. Sec. 5, Ch. 647, L. 1985; amd. Sec. 6, Ch. 63, L. 1987; amd. Sec. 12, Ch. 375, L. 2003; amd. Sec. 45, Ch. 126, L. 2005; amd. Sec. 106, Ch. 467, L. 2005; amd. Sec. 18, Ch. 405, L. 2007; amd. Sec. 34, Ch. 502, L. 2007; amd. Sec. 5, Ch. 194, L. 2009; amd. Sec. 10, Ch. 481, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-305. Repealed

37-60-305. Repealed.
Sec. 18, Ch. 63, L. 1987.
History: En. 66-3310 by Sec. 10, Ch. 234, L. 1974; R.C.M. 1947, 66-3310; amd. Sec. 14, Ch. 550, L. 1983; amd. Sec. 6, Ch. 647, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-306. Repealed

37-60-306. Repealed.
Sec. 18, Ch. 63, L. 1987.
History: En. 66-3311 by Sec. 11, Ch. 234, L. 1974; R.C.M. 1947, 66-3311; amd. Sec. 3, Ch. 274, L. 1981; amd. Sec. 15, Ch. 550, L. 1983; amd. Sec. 7, Ch. 647, L. 1985.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-307. Repealed

37-60-307. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. 66-3312 by Sec. 12, Ch. 234, L. 1974; R.C.M. 1947, 66-3312; amd. Sec. 16, Ch. 550, L. 1983; amd. Sec. 7, Ch. 63, L. 1987; amd. Sec. 3, Ch. 332, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-308. Repealed

37-60-308. Repealed.
Sec. 128, Ch. 429, L. 1995.
History: En. 66-3313 by Sec. 13, Ch. 234, L. 1974; R.C.M. 1947, 66-3313; amd. Sec. 17, Ch. 550, L. 1983; amd. Sec. 8, Ch. 63, L. 1987; amd. Sec. 51, Ch. 83, L. 1989.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-309. Repealed

37-60-309. Repealed.
Sec. 19, Ch. 481, L. 2023.
History: En. 66-3314 by Sec. 14, Ch. 234, L. 1974; R.C.M. 1947, 66-3314; amd. Sec. 18, Ch. 550, L. 1983; amd. Sec. 9, Ch. 63, L. 1987; amd. Sec. 3, Ch. 360, L. 1997; amd. Sec. 35, Ch. 502, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-310. Display of license and identification card

37-60-310. Display of license and identification card.
(1) A license must at all times be posted in a conspicuous place in the principal place of business of the licensee.
(2) A holder of an identification card shall carry the card while performing the cardholder's duties. A peace officer of this state or any of its political subdivisions may request to see the card at any reasonable time, and the card must be shown.
History: En. 66-3315 by Sec. 15, Ch. 234, L. 1974; R.C.M. 1947, 66-3315; amd. Sec. 20, Ch. 550, L. 1983; amd. Sec. 10, Ch. 63, L. 1987; amd. Sec. 4, Ch. 360, L. 1997; amd. Sec. 36, Ch. 502, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 60. Private Investigators, Private Security and Fire Entities, and Process Servers › Part 3. Licensing › 37-60-311. Repealed

37-60-311. Repealed.
Sec. 34, Ch. 550, L. 1983.
History: En. 66-3316 by Sec. 16, Ch. 234, L. 1974; R.C.M. 1947, 66-3316.