Montana Code 39-8-203. Denial of license application or renewal — hearing
39-8-203. Denial of license application or renewal — hearing. (1) The department shall deny a license application or an application to renew a license if:
Terms Used In Montana Code 39-8-203
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means a person that seeks to be licensed under this chapter. See Montana Code 39-8-102
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the department of labor and industry. See Montana Code 39-8-102
- group: means at least two but not more than five professional employer organizations, each of which is majority-owned by the same person. See Montana Code 39-8-102
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Licensee: means a person licensed as a professional employer organization or group under this chapter. See Montana Code 39-8-102
- Person: means an individual, association, company, firm, partnership, corporation, or limited liability company. See Montana Code 39-8-102
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Professional employer organization: means :
(i)a person that provides services of employees pursuant to one or more professional employer arrangements or to one or more employee leasing arrangements; or
(ii)a person that represents to the public that the person provides services pursuant to a professional employer arrangement. See Montana Code 39-8-102
- 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)the application is not fully completed or properly executed;
(b)documents required to supplement the application are not included in the application packet or are inadequate;
(c)the nonrefundable application or license fee is not submitted or is incorrectly submitted with the application packet;
(d)the applicant or any person named in the application misrepresents material in the application;
(e)the applicant is determined by the department to lack good moral character, business integrity, or financial responsibility; or
(f)the department determines that the applicant has failed to meet or maintain any requirement of this chapter.
(2)Conviction of a crime within the last 7 years does not automatically bar an applicant from obtaining a license or bar a licensee from renewing a license. The department shall consider the type of crime committed, the crime’s relevancy to the employee leasing industry, the length of time since the conviction, and any other factor considered relevant by the department.
(3)The department or its agent shall furnish the applicant with a written statement of the reason or reasons for denying the license or license renewal application.
(4)An applicant or licensee may request a hearing before the department within 30 days after receiving the written denial statement. The hearing and appeal must follow the procedures provided in Title 2, chapter 4, parts 6 and 7.
(5)During the hearing and appeal process, a licensee may continue to operate unless the circumstances warrant the ordering of immediate cessation of operations. If the renewal application is rejected, the licensee shall cease operations within this state 30 days after receiving written notification. A licensee who does not comply with the department’s order to cease is subject to the penalties provided in 39-8-302.
(6)The department may institute and maintain in the name of the state, through the attorney general or the county attorney of the county in which the violation of an order to cease occurs, an action for an injunction, order, or other civil remedy in district court to enforce its order.
(7)An applicant or licensee is ineligible to reapply for a license for 1 year following final department action denying the issuance of or renewal of a license. The 1-year restriction does not apply to an administrative denial or nonrenewal if the denial or nonrenewal was caused:
(a)by an inadvertent error or omission on the application;
(b)by experience that was insufficiently documented to the department at the time of the previous application;
(c)by a failure to submit the required fees; or
(d)when the applicant or licensee was determined to be ineligible because an individual no longer associated with the professional employer organization or group was determined to lack good moral character, business integrity, or financial responsibility.