Montana Code 2-8-404. Interim committee review of licensing boards and programs — criteria — repeal — consolidation
2-8-404. Interim committee review of licensing boards and programs — criteria — repeal — consolidation. (1) (a) Before January 1 of each even-numbered year, a legislative interim committee responsible for monitoring licensing boards and programs shall notify the department to which licensing boards or programs are administratively attached if the committee plans to review one or more licensing boards or programs to determine the need for a board or a program and the financial solvency or appropriate administrative attachment of the board or program.
Terms Used In Montana Code 2-8-404
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b)A review under subsection (1)(a) is separate from a performance audit conducted by the legislative audit committee.
(2)The focus of a review under subsection (1)(a) is:
(a)to determine whether a board or program continues to be needed to protect public health, safety, or welfare or the common good by addressing the following questions:
(i)does the improper practice of the profession or occupation pose a physical, financial, or emotional threat to public health, safety, or welfare and is there evidence of harm from improper practice; and
(ii)does the practice of the profession or occupation require specific training or skills that make evaluation of competency difficult for the consumer; or
(b)to assess the financial solvency of the board or program and the impact on consumers and on licensees if higher fees are projected for the next biennium.
(3)After the review, the legislative interim committee may draft legislation to:
(a)repeal the board or program if the board or program is no longer needed for public health, safety, or welfare or the common good; or
(b)combine a board with other licensing boards if a board meets the criteria in subsection (2)(a) but has one of the following criteria:
(i)is expected to have higher fees than if the board operates in combination with another board with similar interests;
(ii)has fewer than 200 licensees; or
(iii)has no or a limited number of complaints each year.
(4)The legislative interim committee, after a review of the administrative attachment of a board or program, may propose legislation to administratively attach the board or program to a department that has responsibilities related to the board or program.