Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.5 - Outfitter Licensing › Rule 24.171.504 - SUCCESSORSHIP

Current through Register Vol. 13, July 5, 2024
(1) A successorship is the permission granted
				to a person to renew the license of a deceased or incapacitated outfitter for a
				limited period of time for the purposes of operating or selling the business.
				Only a successor may renew the license of an outfitter who has
				deceased.
(2) A successor
				acceptable to the board must be designated by the family of a deceased
				outfitter within six months of the date that the outfitter becomes deceased. If
				a successor for a deceased outfitter is not designated within those six months,
				then no successor will be approved.
(3) The family of an outfitter designates a
				proposed successor by submitting an application completed by the proposed
				successor on a form provided by the department; a sworn statement by the
				proposed successor explaining how the proposed successor has been involved with
				the outfitting industry, in general, and how the successor has been involved
				with the outfitting business for which the successorship is sought, in
				particular; and a sworn statement by someone on behalf of the family of the
				deceased or incapacitated outfitter, affirming the person's authority and how
				the authority was obtained to designate a successor on behalf of the family,
				and that the person so acting is at least 18 years of age. A successorship
				application must specify whether the successor will operate the business or
				will only seek to sell it.
(4) When
				a successorship is approved for the purpose of selling the business, the
				outfitter license is placed on inactive status and may be renewed only on
				inactive status and only until the successorship terminates or until the
				business sells, whichever occurs earlier. No clients may be contracted with or
				served under authority of an inactive license. All requests for successorship
				for the sole purpose of selling the business shall be routinely approved by
				staff upon the board's receipt of all the required information.
(5) An application for the purpose of
				operating the business shall require the same information that is required of
				an outfitter applicant. The decision of whether to approve a successorship for
				the purpose of operating the business shall be processed by the department
				unless the application is nonroutine under ARM
				24.171.403, in which case the
				matter will be brought to the board.
(6) Prior to approval, a successor must meet
				all qualifications for licensure aside from the experience and testing
				requirements. Approval may be granted upon the condition that documentation of
				licensure requirements will be received by the board no later than a specified
				date. If the documentation of licensure requirements is not received in a
				timely manner, board staff shall immediately place the license on inactive
				status and all outfitting under that license shall immediately cease until the
				board is able to reconsider the approval.
(7) A successor stands in the shoes of the
				outfitter for purposes of the board's power to administer and enforce the
				statutes and rules applicable to outfitters. Notwithstanding any agreement to
				the contrary, a successor and the original licensee, or the estate if the
				original licensee is deceased, are jointly and severally liable and responsible
				for all conduct affecting the outfitter license occurring during that
				successor's service as the successor. The successor may operate the license
				subject to the authority of the board to the same extent as if the successor
				were the outfitter. An action addressing unprofessional conduct may be taken
				against an outfitter license regardless of the status of the successorship, and
				regardless of whether the conduct was that of the deceased or incapacitated
				outfitter or of one or more successors. Each living outfitter and successor who
				is alleged to be responsible for misconduct may be made a party to the
				action.
(8) A successor shall
				report to the board each year at the next regularly scheduled meeting following
				the renewal period . To report, the successor shall either personally appear
				for the meeting or shall submit a written report to the board no less than 15
				days before the meeting. The report shall inform the board of the progress made
				toward licensure of an outfitter for the business, or of the progress made
				toward sale of the business.
(9) If
				the board wishes to revoke a successorship for unprofessional conduct or for
				failing to appear or report, the public health, safety, or welfare is more
				likely to imperatively require emergency action because a successor is presumed
				to be less qualified than an outfitter and to be less invested in the
				protection of the public. If a successorship is revoked, then the outfitter
				license status becomes the status applicable to it as if the original licensee
				had deceased or become incapacitated on the date of the revocation. A successor
				shall not perform any outfitter functions if the successorship or the license
				is suspended or revoked.
(10) A
				successorship terminates the earlier of the date that is five years from the
				date that the successorship was approved under this rule, or the date that the
				successorship is revoked or voluntarily surrendered, or the date that the
				successor becomes a licensed outfitter.
(11) While operating the business as a
				successor, the successor may accumulate verified experience days in the same
				manner that a guide accumulates experience days to satisfy the requirements of
				ARM 24.171.502. In the discretion of
				the board, and in addition to all other waivers that a successor may qualify
				for, a successor may request a waiver of up to 50 days of experience for each
				license function (hunting and fishing) by sufficiently documenting the
				successor's past experience and involvement with the particular outfitting
				business that occurred prior to the date the successorship was
				approved.
AUTH:
					 37-1-131,
					 37-47-201,
					 MCA IMP:
					 37-1-131,
					 37-47-310,
					 MCA