39-9-301. Business practices -- advertising -- penalty. (1) Except as provided in 39-9-205, a person who has registered under one name as provided in this chapter may not engage in the business or act in the capacity of a contractor under any other name unless that name also is registered under this chapter.
     (2) Except for telephone books, all advertising, contracts, correspondence, cards, signs, posters, papers, and documents that show a contractor's name or address must show the contractor's name and address as registered under this chapter.
     (3) (a) The alphabetized listing of contractors appearing in the advertising section of directories, excluding telephone books, and all advertising must show the contractor's current registration number. However, signs on motor vehicles and on-premises signs do not constitute advertising under this section.
     (b) All materials used to directly solicit business from retail customers who are not businesses must show a contractor's current registration number. A contractor may not use a false or expired registration number in purchasing or offering to purchase an advertisement. Advertising by radio or television is not subject to this subsection.
     (4) A contractor may not advertise that the contractor is bonded because of the bond required to be filed provided in 39-9-203.
     (5) A contractor may not falsify a registration number and use it in connection with a solicitation or identification as a contractor. An individual contractor, partner, associate, agent, salesperson, solicitor, officer, or employee of a contractor shall use a true name and address at all times while engaged in the business or capacity of a contractor or in activities related to a contractor.
     (6) (a) The finding of a violation of this section by the department at a hearing held in accordance with the Montana Administrative Procedure Act subjects the person who commits the violation to a penalty of not more than $5,000, as determined by the department. The required hearing may be held by telephone or by videoconference. A penalty collected under this section must be deposited in the state special revenue account to the credit of the department for administration and enforcement of this chapter.
     (b) Penalties under this section do not apply to a violation that is determined to be an inadvertent error.

     History: En. Sec. 11, Ch. 500, L. 1995.