37-1-302. Definitions. As used in this part, the following definitions apply:
(1) "Board" means a licensing board created under Title 2, chapter 15, that regulates a profession or occupation and that is administratively attached to the department as provided in 2-15-121.
(2) "Complaint" means a written allegation filed with a board that, if true, warrants an injunction, disciplinary action against a licensee, or denial of an application submitted by a license applicant.
(3) "Department" means the department of labor and industry.
(4) "Inspection" means the periodic examination of premises, equipment, or procedures or of a practitioner by the department to determine whether the practitioner's profession or occupation is being conducted in a manner consistent with the public health, safety, and welfare.
(5) "Investigation" means the inquiry, analysis, audit, or other pursuit of information by the department, with respect to a written complaint or other information before a board, 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 board;
(c) whether a license should be granted, denied, or conditionally issued; or
(d) whether a board should seek an injunction.
(6) "License" means permission granted under a chapter of this title to engage in or practice at a specific level in a profession or occupation, regardless of the specific term used for the permission, including permit, certificate, recognition, or registration.
(7) "Profession" or "occupation" means a profession or occupation regulated by a board.
History: En. Sec. 2, Ch. 429, L. 1995; amd. Sec. 110, Ch. 483, L. 2001; amd. Sec. 14, Ch. 467, L. 2005; amd. Sec. 9, Ch. 502, L. 2007.
Structure Montana Code Annotated
Title 37. Professions and Occupations
Part 3. Uniform Professional Licensing and Regulation Procedures
37-1-304. Licensure of out-of-state applicants -- reciprocity
37-1-305. Temporary practice permits
37-1-308. Unprofessional conduct -- complaint -- investigation -- immunity -- exceptions
37-1-309. Notice -- request for hearing
37-1-310. Hearing -- adjudicative procedures
37-1-311. Findings of fact -- order -- report
37-1-312. Sanctions -- stay -- costs -- stipulations
37-1-316. Unprofessional conduct
37-1-317. Practice without license -- investigation of complaint -- injunction -- penalties
37-1-318. Violation of injunction -- penalty
37-1-320. Mental intent -- unprofessional conduct
37-1-321. Authority to administratively suspend license
37-1-322. through 37-1-330 reserved