Montana Code 40-5-704. Suspension, denial, and nonrenewal of licenses
40-5-704. Suspension, denial, and nonrenewal of licenses. (1) Upon receipt of the notice of suspension of the license under 40-5-703(5), a licensing authority shall implement the suspension of the license by:
Terms Used In Montana Code 40-5-704
- Conservation activity: means an activity for which a conservation license is issued by the department of fish, wildlife, and parks pursuant to 87-2-201. See Montana Code 40-5-701
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the department of public health and human services. See Montana Code 40-5-701
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- License: means a license, certificate, registration, permit, or any other authorization issued by an agency of the state of Montana granting a person a right or privilege to engage in a business, occupation, profession, conservation activity, or any other privilege that is subject to suspension, revocation, forfeiture, termination, or a declaration of ineligibility to purchase by the licensing authority prior to its date of expiration. See Montana Code 40-5-701
- Licensing authority: means any department, division, board, agency, or instrumentality of this state that issues a license. See Montana Code 40-5-701
- Obligor: means a person who owes a duty of support or who is subject to a subpoena or warrant in a paternity or child support proceeding. See Montana Code 40-5-701
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Support enforcement entity: means :
(a)in IV-D cases, the department; or
(b)in all other cases, the district court that entered the support order or a district court in which the support order is registered. See Montana Code 40-5-701
- Suspension: includes the withdrawal, withholding, revocation, forfeiture, or nonissuance of a license and license privileges. See Montana Code 40-5-701
(a)determining if it has issued a license to the obligor whose name appears on the notice;
(b)entering the suspension on the appropriate records;
(c)reporting the suspension as appropriate;
(d)making good faith efforts to deny conservation activity licenses for the next applicable license year; and
(e)if required by law, demanding surrender of the suspended license.
(2)An order issued by a support enforcement entity under 40-5-703 suspending a license and the notice of suspension given under 40-5-703(5) must be processed by the licensing authority without an additional review or hearing involving the licensing authority concerning suspension of the license.
(3)Notwithstanding the provisions of any other law setting terms of suspension, revocation, denial, termination, or renewal of a license, an order issued by a support enforcement entity suspending a license must be implemented by the licensing authority and continues until the support enforcement entity advises the licensing authority that the suspension has been stayed or terminated.
(4)In the event that a license is suspended, any funds paid by the obligor to the licensing authority for costs related to issuance, renewal, or maintenance of a license may not be refunded to the obligor.
(5)Unless an order staying suspension of a license is in effect, an obligor who continues to engage in the business, occupation, profession, conservation activity, or other licensed activity while the obligor’s license is suspended under this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $250 or more than $500 or by imprisonment in the county jail for a term not to exceed 6 months, or both. Upon conviction of a second or subsequent violation, the obligor shall be punished by a fine of not less than $500 or more than $2,000 or by imprisonment in the county jail for a term not to exceed 1 year, or both. The support enforcement entity or the licensing authority may elect the remedy under this section or any other remedy provided for engaging in a licensed activity without a license or while the license is suspended.
(6)The licensing authority is exempt from liability to the licensee for activities conducted in compliance with this part.
(7)The licensing authority has no jurisdiction to modify, remand, reverse, vacate, or stay the order of the support enforcement entity suspending a license.
(8)To the extent that inconsistencies exist between this part and the procedural requirements for suspension of a license issued by the department, this part supersedes those requirements.