37-72-203. Revocation, suspension, or refusal to renew license — grounds — procedure. (1) The department may reprimand or revoke, suspend, or refuse to renew the license of a person found guilty of:

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Terms Used In Montana Code 37-72-203

  • Oral examination: means an examination in the presence of the jury or tribunal that is to decide the fact or act upon it or the spoken testimony of the witness being heard by the jury or tribunal. See Montana Code 1-1-202
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(a)fraud or deceit in obtaining a license;

(b)gross negligence, incompetency, or misconduct in the practice of construction blasting;

(c)a felony involving the use of explosives; or

(d)violation of the rules of the department.

(2)A person may make charges under subsection (1) against a licensee. The charges must be made by affidavit, subscribed and sworn to by the person making them, and filed with the department. The charges must be investigated by the department. Unless the department, after investigation, dismisses the charges as unfounded or trivial, it shall within 6 months after the date on which the charges were made give notice by mail to the licensee of its intent to reprimand the licensee or to revoke, suspend, or refuse to renew the license. The notice must contain those matters required by the Montana Administrative Procedure Act.

(3)The department may require a licensee to take a written or oral examination, or both, in a proceeding to reprimand or to revoke, suspend, or refuse to renew a license.