37-1-406. Sanctions -- stay -- costs -- stipulations, MCA

Montana Code Annotated 2025

TITLE 37. PROFESSIONS AND OCCUPATIONS

CHAPTER 1. GENERAL PROVISIONS

Part 4. Uniform Regulations for Licensing Programs Without Boards

Sanctions -- Stay -- Costs -- Stipulations

37-1-406. Sanctions -- stay -- costs -- stipulations. (1) On a decision that a licensee or license applicant has committed unprofessional conduct as provided in 37-1-402 or administrative rule, or on stipulation of the parties, the department may order one or any combination of the following sanctions that are necessary to protect the public:

(a) revocation of the license;

(b) suspension of the license for a fixed or indefinite term;

(c) compliance with the conditions of probation for a period not to exceed 3 years;

(d) restriction or limitation of the practice;

(e) monitoring of the practice by a supervisor approved by the disciplining authority;

(f) satisfactory completion of a specific program of remedial education or treatment;

(g) payment of a fine not to exceed $5,000 for each violation;

(h) denial of a license application or issuance of the license for a probationary period not to exceed 3 years;

(i) censure or reprimand;

(j) refund of costs and fees billed to and collected from a consumer; or

(k) other appropriate action.

(2) Any fine collected by the department as a result of disciplinary actions must be deposited in the state general fund.

(3) A sanction may be totally or partly stayed by the department.

(4) The licensee or license applicant may enter into a stipulated agreement resolving potential or pending charges that includes one or more of the sanctions in this section. The stipulation is an informal disposition for the purposes of 2-4-603.

History: En. Sec. 6, Ch. 481, L. 1997; amd. Sec. 8, Ch. 284, L. 2025.