Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES › Subchapter 17.56.14 - Underground Storage Tank Licensing › Rule 17.56.1422 - PROHIBITION OF UNPROFESSIONAL LICENSEE CONDUCT

Current through Register Vol. 13, July 5, 2024
(1) Any of the
				following acts of a person licensed under this subchapter constitute
				unprofessional conduct, are prohibited, and may result in the department
				conditioning, restricting, suspending, or revoking a license issued under this
				subchapter:
(a) false, fraudulent, or
				misleading advertising;
(b)
				misrepresentation or fraud in any aspect of the installation, closure, or
				inspection of an underground storage tank system;
(c) participation in any unlawful unpermitted
				underground storage tank system installation or removal;
(d) failure to cooperate with the department
				by:
(i) not furnishing to the department upon
				its request a full and complete written explanation covering the matter
				contained in any complaint filed with the department;
(ii) not responding to a subpoena issued by
				the department or any court, whether or not the recipient of the subpoena is
				the respondent named in any proceeding;
(iii) failure to submit the signed permit,
				the certification of compliance, or to meet any other permit special condition
				imposed under ARM
				17.56.1305(3)(f)
				for installations; or
(iv) failure
				to submit the tank closure report, the signed permit, or the laboratory results
				for the site assessment for closures.
(e) interference with an investigation or
				disciplinary proceeding by willful misrepresentation of facts to the department
				or its authorized representative, or by the use of threats or harassment
				against any person to prevent the person from providing evidence in any agency
				proceeding or legal action relating to underground storage tank systems;
(f) failure to make available,
				upon request of a client using the licensee's services, or upon request of the
				client's designee, copies of documents in the possession and under the control
				of the licensee, when those documents have been prepared by the licensee
				relating to the licensee's services performed for the client;
(g) failure to comply with an order issued by
				any court or by the department, with a permit condition, or with a consent
				order or stipulation entered into with the department;
(h) failure to adequately supervise the
				licensee's employee(s)' compliance with statutes and rules relating to
				underground storage tank systems;
(i) aiding or abetting an unlicensed person
				to install, close, or inspect an underground storage tank system;
(j) violation of any state or federal statute
				or administrative rule, or any ordinance of a political subdivision relating to
				the installation or closure of an underground storage tank system;
(k) failure to display his or her license
				upon request of any client, prospective client, representative of the
				department, or licensed inspector;
(l) failure to adequately inspect an
				underground storage tank system for compliance with its operation, maintenance,
				and recordkeeping requirements in accordance with ARM
				17.56.309;
(m) undertaking work from which the licensee
				has been prohibited by the terms of a license, permit, or order issued by the
				department; or
(n) offering,
				giving, soliciting, or receiving, directly or indirectly, any commission, gift,
				or other valuable consideration in exchange for the grant of a license from the
				department or to obtain a license for another.