52-2-741. Penalty -- remedies. (1) A person, group of persons, or corporation who establishes or maintains a day-care facility or assists in conducting or maintaining a day-care facility without first obtaining a license or registration certificate from the department as provided for in this part is guilty of a misdemeanor and upon conviction is punishable by a fine not to exceed $500.
(2) (a) If the department is advised or has reason to believe that a person, group of persons, or corporation is operating a day-care facility without a license or registration certificate, it shall make an investigation to ascertain the facts. If the department finds that the day-care facility is being or has been operated without a license or registration certificate, it may report the results of its investigation to the attorney general or the county attorney of the county where the day-care facility is being operated for prosecution and request that an injunction be issued against the facility until a license or certificate is issued.
(b) The department may institute any action necessary to enforce compliance with this part or any order or rule of the department under this part or to obtain a judicial interpretation of any of the foregoing.
(c) The department may, by its own attorney, any county attorney, or the attorney general, initiate an action in the justice's court, city court, municipal court, or district court of the appropriate jurisdiction and be represented by that representative on appeal to the district court and supreme court of Montana, as applicable.
History: (1)En. Sec. 18, Ch. 606, L. 1981; (2)En. Sec. 11, Ch. 247, L. 1965; amd. Sec. 9, Ch. 121, L. 1974; R.C.M. 1947, 10-811; amd. Sec. 16, Ch. 606, L. 1981; amd. Sec. 12, Ch. 692, L. 1989; Sec. 53-4-515, MCA 1987; redes. 52-2-741 by Code Commissioner, 1989; amd. Sec. 1, Ch. 222, L. 1997.
Structure Montana Code Annotated
Chapter 2. Children's Services
52-2-704. Duties of department
52-2-706. through 52-2-709 reserved
52-2-710. At-home infant care program -- definition
52-2-711. Resource and referral and day-care improvement grant program
52-2-713. Payments for eligible children
52-2-714. through 52-2-720 reserved
52-2-722. Application for a license or registration certificate
52-2-723. Requirements for licensure
52-2-724. Provisional license -- provisional registration certificate
52-2-725. Renewal license -- registration certificate
52-2-727. through 52-2-730 reserved
52-2-731. Standards for day care
52-2-732. Licensees or registrants to maintain records, furnish reports, and permit inspections
52-2-734. Fire safety -- certification required
52-2-735. Health protection -- certification required
52-2-737. Group day-care home -- staffing requirement