39-9-302. Unlawful advertising -- liability -- citations. (1) When determining a violation under 39-9-301, the person who purchased or offered to purchase the advertising must be held responsible.
     (2) If the department, upon investigation, has probable cause to believe that a person holding a registration, an applicant for registration, or an unregistered person acting in the capacity of a contractor who is not otherwise exempted from this chapter has violated 39-9-301 by unlawfully advertising for work covered by this chapter in an alphabetical or classified directory, the department may issue a citation containing an order of correction. The order must require the violator to cease the unlawful advertising.
     (3) If the person to whom a citation is issued under subsection (2) notifies the department in writing that the person contests the citation, the department shall offer an opportunity for an adjudicative proceeding under the Montana Administrative Procedure Act within 30 days after receiving the notification.

     History: En. Sec. 12, Ch. 500, L. 1995.