Montana Code 37-47-341. Grounds for denial, suspension, or revocation of license
37-47-341. Grounds for denial, suspension, or revocation of license. A license or right to apply for and hold a license issued under this part may be denied, suspended, or revoked or other disciplinary conditions may be applied upon any of the following grounds:
Terms Used In Montana Code 37-47-341
- Board: means the board of outfitters provided for in 2-15-1773. See Montana Code 37-47-101
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Guide: means a person who is employed by or who has contracted independently with a licensed outfitter and who accompanies a participant during outdoor recreational activities that are directly related to activities for which the outfitter is licensed. See Montana Code 37-47-101
- Outfitter: means any person, except a person providing services on real property that the person owns for the primary pursuit of bona fide agricultural interests, who for consideration provides any saddle or pack animal, facilities, camping equipment, vehicle, watercraft, or other conveyance, or personal service for any person to hunt, trap, capture, take, kill, or pursue any game, including fish, and who accompanies that person, either part or all of the way, on an expedition for any of these purposes or supervises a licensed guide or outfitter's assistant in accompanying that person. See Montana Code 37-47-101
- Participant: means a person using the services offered by a licensed outfitter. See Montana Code 37-47-101
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- 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
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)having ceased to meet all of the qualifications for holding a license, as required under this chapter and rules adopted pursuant to this chapter;
(2)fraud or deception in procuring a license;
(3)fraudulent, untruthful, or misleading advertising;
(4)having pleaded guilty to or been adjudged by a court guilty of a felony, including a case in which the sentence is suspended or imposition of the sentence is deferred, unless civil rights have been restored pursuant to law;
(5)one conviction or bond forfeiture for a violation of the fish and game or outfitting laws or regulations of any state, the United States, or other jurisdictions;
(6)a substantial breach of a contract with a participant provided that the breach is established as a matter of final judgment in a court of law;
(7)the willful employment of or contracting with an unlicensed guide by an outfitter;
(8)subject to 27-1-753, negligence or misconduct while acting as an outfitter or guide that causes an accident or injury to the person or property of a participant;
(9)misconduct as defined by board rule; or
(10)any violation of this chapter or a rule adopted pursuant to this chapter.