Montana Code 37-1-141. License renewal — lapse — expiration — termination
37-1-141. License renewal — lapse — expiration — termination. (1) The renewal date for a license must be set by department rule. The department shall provide notice prior to the renewal date.
Terms Used In Montana Code 37-1-141
- 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 37-1-130
- Department: means the department of labor and industry established in 2-15-1701. See Montana Code 37-1-130
- Expired license: means a license that is not reactivated within the period of 46 days to 2 years after the renewal date for the license. See Montana Code 37-1-130
- 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.
- Lapsed license: means a license that is not renewed by the renewal date and that may be reactivated within the first 45-day period after the renewal date for the license. See Montana Code 37-1-130
- 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 37-1-130
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Statute: A law passed by a legislature.
- Terminated license: means a license that is not renewed or reactivated within 2 years of the license lapsing. See Montana Code 37-1-130
(2)To renew a license, a licensee shall submit a completed renewal form, comply with all certification and continuing education requirements as provided by 37-1-306 or 37-1-420, and remit renewal fees before the end of the renewal period.
(3)A licensee may reactivate a lapsed license within 45 days after the renewal date by following the process in subsection (5) and complying with all certification and educational requirements.
(4)A licensee may reactivate an expired license within 2 years after the renewal date by following the process in subsection (5) and complying with all certification and education requirements that have accrued since the license was last granted or renewed as prescribed by board or department rule.
(5)To reactivate a lapsed license or an expired license, in addition to the respective requirements in subsections (3) and (4), a licensee shall:
(a)submit the completed renewal form;
(b)pay the late penalty fee provided for in subsection (7); and
(c)pay the current renewal fee as prescribed by the department or the board.
(6)(a) A licensee who practices with a lapsed license is not considered to be practicing without a license.
(b)A licensee who practices after a license has expired is considered to be practicing without a license.
(7)The department may assess a late penalty fee for each renewal period in which a license is not renewed. The late penalty fee need not be commensurate with the costs of assessing the fee.
(8)Unless otherwise provided by statute or rule, an occupational or professional license that is not renewed within 2 years of the most recent renewal date automatically terminates. The terminated license may not be reactivated, and a new original license must be obtained.
(9)The department or board responsible for licensing a licensee retains jurisdiction for disciplinary purposes over the licensee for a period of 2 years after the date on which the license lapsed.
(10)This section may not be interpreted to conflict with 37-1-138.