Montana Code Annotated 2019

TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 72. CONSTRUCTION BLASTING

Part 2. Regulation by Department of Labor and Industry

Revocation, Suspension, Or Refusal To Renew License -- Grounds -- Procedure

37-72-203. Revocation, suspension, or refusal to renew license -- grounds -- procedure. (1) The department may reprimand or revoke, suspend, or refuse to renew the license of a person found guilty of:

(a) fraud or deceit in obtaining a license;

(b) gross negligence, incompetency, or misconduct in the practice of construction blasting;

(c) a felony involving the use of explosives; or

(d) violation of the rules of the department.

(2) A person may make charges under subsection (1) against a licensee. 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 department. Unless the department, after investigation, dismisses the charges as unfounded or trivial, it shall within 6 months after the date on which the charges were made give notice by mail to the licensee of its intent to reprimand the licensee or to revoke, suspend, or refuse to renew the license. The notice must contain those matters required by the Montana Administrative Procedure Act.

(3) The department may require a licensee to take a written or oral examination, or both, in a proceeding to reprimand or to revoke, suspend, or refuse to renew a license.

History: En. Sec. 11, Ch. 402, L. 1985; amd. Sec. 64, Ch. 613, L. 1989; amd. Sec. 1456, Ch. 56, L. 2009.