Montana Code Annotated 1997

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     37-67-331. Revocation, suspension, or refusal to renew certificate -- grounds -- procedure -- reinstatement. (1) The board may reprimand or revoke, suspend, or refuse to renew the certificate of a registrant found responsible for:
     (a) fraud or deceit in obtaining a certificate of registration;
     (b) gross negligence, incompetency, or misconduct in the practice of engineering or land surveying as a registered professional engineer or professional land surveyor;
     (c) a felony;
     (d) a violation of rules for professional conduct for professional engineers and professional land surveyors adopted by the board;
     (e) failing to comply with the Corner Recordation Act if the person is a professional land surveyor.
     (2) Any person may make charges of fraud, deceit, gross negligence, incompetency, or misconduct against a registrant. The charges must be made by affidavit, subscribed and sworn to by the person making them, and filed with the department. The charges must be investigated by the board. For purposes of investigation under this section, the board may require that a registrant meet with the board.
     (3) The board may require a registrant to take a written or oral examination, or both, in a proceeding to reprimand or to revoke, suspend, or refuse to renew the certificate of registration.
     (4) If, after a hearing, five or more members of the board vote in favor of sustaining the charges, the board shall reprimand, suspend, refuse to renew, or revoke the certificate of registration of the registered professional engineer or professional land surveyor.
     (5) The board, for reasons it considers sufficient, may reissue a certificate of registration to a person whose certificate has been revoked if five or more members of the board vote in favor of the reissuance.

     History: En. 66-2365 by Sec. 13, Ch. 366, L. 1975; R.C.M. 1947, 66-2365(part); amd. Sec. 8, Ch. 408, L. 1979; amd. Sec. 17, Ch. 553, L. 1985; amd. Sec. 13, Ch. 108, L. 1995.

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