Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.171 - BOARD OF OUTFITTERS › Subchapter 24.171.23 - Unprofessional Conduct › Rule 24.171.2301 - UNPROFESSIONAL CONDUCT AND MISCONDUCT

Current through Register Vol. 13, July 5, 2024
(1) A
				violation of (1) or (3) by an outfitter, or (2) or (3) by a guide or
				outfitter's assistant is misconduct, specified as a basis for disciplinary
				action under
				37-47-341,
				MCA. Such violation is also determined by the board to be unprofessional
				conduct, as provided in
				37-1-319, MCA,
				specified as a ground for disciplinary action under
				37-1-312,
				MCA. A violation of this rule may result in any sanction provided by
				37-1-312
				or
				37-47-341,
				MCA. Unprofessional conduct by an outfitter's assistant is grounds for
				disciplinary action against the outfitter who employed or contracted with the
				outfitter's assistant. An outfitter shall:
(a) not violate any law, rule, or policy of
				the Department of Fish, Wildlife and Parks concerning the certification of
				nonresidents for procuring hunting licenses;
(b) not conduct any services or allow
				services to be conducted by a supervised guide or outfitter's assistant on
				private or public land, except legal transportation across such lands, without
				first having obtained written permission from the landowner or written
				authorization from the agency administering public land, unless the landowner
				or agency does not require such permission;
(c) not provide services or allow services to
				be conducted by a supervised guide or outfitter's assistant to clients outside
				the boundaries of the outfitter's approved operations plan;
(d) not endorse a guide license until the
				outfitter has made reasonable inquiry and determined that the guide is
				qualified for licensure;
(e) not
				interfere, by solicitation or otherwise, with a contract between another
				outfitter and client, including certifications for game license or permits,
				when it is known or reasonably should be known that a contract to provide
				services exists between that other outfitter and a client;
(f) furnish each client with a current and
				complete rate schedule, which shall include all charges, a deposit policy, and
				deposit refund policy, all in writing, for services offered;
(g) specify in writing, when offering
				services to a nonresident hunting client, the refund policy for failure by the
				prospective client to draw a license required to participate in the service
				offered;
(h) not change the rates
				and/or policies from those published without the written consent of the client
				after the outfitter receives and accepts the deposit from the client;
(i) set all contract terms and conditions
				with clients;
(j) personally
				collect, or designate an agent to collect, all fees from clients. The outfitter
				is solely responsible for complying with the outfitter's deposit and deposit
				refund policy;
(k) maintain current
				and accurate records;
(l) make all
				client records available in accordance with ARM
				24.171.408;
(m) obtain and maintain a reasonable degree
				of supervision over each guide and outfitter's assistant to ensure that the
				services offered are being provided in accordance with the laws and rules, with
				particular regard to those laws and rules pertaining to the health, safety, and
				welfare of the participants, the public, and landowners;
(n) not employ or retain a guide without
				first confirming that the guide has current basic first aid
				certification;
(o) not exceed the
				licensee's NCHU;
(p) not use a
				guide prior to ensuring that the guide license is fully signed and
				dated;
(q) not use a guide with an
				inactive license;
(r) comply with
				all laws and rules relating to outfitter's assistants; and (s) when advertising
				services, clearly designate the outfitter's registered business name or
				personal name and the outfitter's license number.