Montana Code 37-1-406. Sanctions — stay — costs — stipulations
37-1-406. Sanctions — stay — costs — stipulations. (1) Upon a decision that a licensee or license applicant has violated this part or is unable to practice with reasonable skill and safety due to a physical or mental condition or upon stipulation of the parties as provided in subsection (4), the department may issue an order providing for one or any combination of the following sanctions:
Terms Used In Montana Code 37-1-406
- Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-1-401
- License: means permission in the form of a license, permit, endorsement, certificate, recognition, or registration granted by the state of Montana to engage in a business activity or practice at a specific level in a profession or occupation governed by:
(a)Title 37, chapter 2, part 6;
(b)Title 37, chapter 16, 40, 56, 60, 72, or 73; or
(c)Title 50, chapter 39, 74, or 76. See Montana Code 37-1-401
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)revocation of the license;
(b)suspension of the license for a fixed or indefinite term;
(c)restriction or limitation of the practice;
(d)satisfactory completion of a specific program of remedial education or treatment;
(e)monitoring of the practice by a supervisor approved by the disciplining authority;
(f)censure or reprimand, either public or private;
(g)compliance with conditions of probation for a designated period of time;
(h)payment of a fine not to exceed $1,000 for each violation;
(i)denial of a license application;
(j)refund of costs and fees billed to and collected from a consumer.
(2)Any fine collected by the department as a result of disciplinary actions must be deposited in the state general fund.
(3)A sanction may be totally or partly stayed by the department. To determine which sanctions are appropriate, the department shall first consider the sanctions that are necessary to protect or compensate the public. Only after the determination has been made may the department consider and include in the order any requirements designed to rehabilitate the licensee or license applicant.
(4)The licensee or license applicant may enter into a stipulated agreement resolving potential or pending charges that includes one or more of the sanctions in this section. The stipulation is an informal disposition for the purposes of 2-4-603.
(5)A licensee shall surrender a suspended or revoked license to the department within 24 hours after receiving notification of the suspension or revocation by mailing the license or delivering it personally to the department.