37-1-411. Practice without licenseinvestigation of complaintinjunction — penalties. (1) The department may investigate a complaint or other information received concerning practice by an unlicensed person of a profession or occupation governed by this part.

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Terms Used In Montana Code 37-1-411

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means a written allegation filed with the department that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant. See Montana Code 37-1-401
  • Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 37-1-401
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Investigation: means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a complaint or other information before the department, that is carried out for the purpose of determining:

    (a)whether a person has violated a provision of law justifying discipline against the person;

    (b)the status of compliance with a stipulation or order of the department;

    (c)whether a license should be granted, denied, or conditionally issued; or

    (d)whether the department should seek an injunction. 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

  • occupation: means a profession or occupation regulated by the department under the provisions of:

    (a)Title 37, chapter 2, part 6;

    (b)Title 37, chapter 16, 40, 49, 56, 60, 72, or 73; or

    (c)Title 50, chapter 39, 74, or 76. See Montana Code 37-1-401

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(2)The department may file an action to enjoin a person from practicing, without a license, a profession or occupation governed by this part.