50-74-312. Review of license rejection -- waiting period. (1) An applicant for a license under the provisions of this chapter whose application has been rejected may, within 45 days after the date of the rejection, set forth in writing any arguments opposing the rejection and request a review by the department. The request must be addressed to the department and must be signed by the applicant.
(2) Within 2 days after receiving the request, the department shall notify the applicant in writing that on a certain day, not less than 5 days or more than 30 days after receipt of the written request, the department shall review and evaluate the application and any arguments opposing the rejection of the license application.
(3) The applicant may appear in person at the review. At least 2 days before the day set for the review, the applicant may designate in writing to the department the name of an engineer holding a valid license of equal or higher grade than the one applied for, and the engineer may testify on behalf of the applicant at the review.
(4) After the review, if the department determines that the applicant is entitled to the license, the department shall issue the license. If the department affirms the decision to not issue the license, the applicant may reapply to take the license examination, as provided in 50-74-311, and may not take the examination within 45 days of the final decision to not issue the license.
History: (1) thru (3)En. Sec. 564, Pol. C. 1895; re-en. Sec. 1653, Rev. C. 1907; re-en. Sec. 2724, R.C.M. 1921; re-en. Sec. 2724, R.C.M. 1935; amd. Sec. 12, Ch. 225, L. 1971; amd. Sec. 31, Ch. 182, L. 1975; Sec. 69-1513, R.C.M. 1947; (4)En. Sec. 565, Pol. C. 1895; re-en. Sec. 1654, Rev. C. 1907; re-en. Sec. 2725, R.C.M. 1921; re-en. Sec. 2725, R.C.M. 1935; amd. Sec. 13, Ch. 225, L. 1971; amd. Sec. 32, Ch. 182, L. 1975; Sec. 69-1514, R.C.M. 1947; R.C.M. 1947, 69-1513, 69-1514; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 19, Ch. 514, L. 1995; amd. Sec. 186, Ch. 483, L. 2001; amd. Sec. 26, Ch. 196, L. 2003; amd. Sec. 125, Ch. 467, L. 2005.
Structure Montana Code Annotated
Chapter 74. Boilers and Steam Engines
50-74-301. License required to operate boilers and steam engines
50-74-302. General requirements for licensure
50-74-303. Engineer's license classifications
50-74-304. Requirements for engineer's license
50-74-305. Exceptions to requirements for engineer's license
50-74-306. Traction licenses -- application without examination from other states
50-74-307. Requirements for traction licenses
50-74-308. Waiver of experience requirement for traction licenses
50-74-311. Waiting period before reexamination permitted
50-74-312. Review of license rejection -- waiting period
50-74-315. Unlawful to operate boiler or steam engine without license
50-74-316. Unlawful to employ unlicensed operator
50-74-317. When unlicensed person may operate
50-74-318. Qualifications of boiler inspectors -- fees for inspections