Montana Code 37-1-321. Authority to administratively suspend license
37-1-321. Authority to administratively suspend license. (1) A board, the department if authorized by the board, or the department for programs without a board may administratively suspend a license when:
Terms Used In Montana Code 37-1-321
- Board: means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121. See Montana Code 37-1-302
- Department: means the department of labor and industry. See Montana Code 37-1-302
- License: means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration. See Montana Code 37-1-302
- occupation: means a profession or occupation regulated by a board. See Montana Code 37-1-302
- Writing: includes printing. See Montana Code 1-1-203
(a)an audit of continuing education, certification, or other qualifications necessary for continued licensure demonstrates that the licensee is noncompliant with requirements established by the board or by the department for a program;
(b)the licensee fails to respond to a board or department audit as provided in subsection (1)(a);
(c)the department receives notice of insufficient funds in the account used by the licensee to pay for an administrative fee or a board fee or fine;
(d)the department has reasonable grounds to believe the licensee did not possess the qualifications for initial issuance of the license; or
(e)a licensee fails to comply with the terms of a final order imposed pursuant to 37-1-312 or 37-1-405.
(2)Upon identifying one or more of the deficiencies listed in subsection (1), the department shall inform the licensee in writing and provide the licensee 60 days from the date of the correspondence to cure the deficiency.
(3)If the licensee fails to cure the deficiency as provided in subsection (2), a board, the department if authorized by the board, or the department for programs without a board may administratively suspend the license without additional notice or opportunity for hearing.
(4)(a) The administrative suspension remains in effect until:
(i)a board, the department if authorized by the board, or the department for programs without a board determines the licensee has cured the deficiency; or
(ii)the license terminates as provided in 37-1-141.
(b)An administratively suspended license that is not renewed lapses, expires, or terminates as provided in 37-1-141.
(5)A licensee may not use a protected title or practice the licensed profession or occupation while the license is administratively suspended.
(6)To reinstate the administratively suspended license, a licensee must pay an administrative fee established by the department by rule and submit information necessary to cure the deficiencies as determined in the discretion of the department.
(7)Instead of an administrative suspension, the department may refer the deficiencies demonstrated in subsection (1) for disciplinary proceedings as provided in 37-1-309 or 37-1-403, as applicable. A board or the department may not proceed against a licensee for the same act or failure to act under both an administrative suspension as provided in this section and a disciplinary proceeding as provided in 37-1-309 or 37-1-403.