Montana § 37-1-321 Authority To Administratively Suspend License

Montana Statutes

§ 37-1-321 — Authority To Administratively Suspend License

Montana § 37-1-321

Title 37PROFESSIONS AND OCCUPATIONS

Ch. 1GENERAL PROVISIONS

Part 3Uniform Professional Licensing and Regulation Procedures

This text of Montana § 37-1-321 (Authority To Administratively Suspend License) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 37-1-321 (2026).

Text

37-1-321 . Authority to administratively suspend license.

(1)A board, the department if authorized by the board, or the department for programs without a board may administratively suspend a license when:

(a)an audit of continuing education, certification, or other qualifications necessary for continued licensure demonstrates that the licensee is noncompliant with requirements established by the board or by the department for a program;

(b)the licensee fails to respond to a board or department audit as provided in subsection (1)(a);

(c)the department receives notice of insufficient funds in the account used by the licensee to pay for an administrative fee or a board fee or fine;

(d)the department has reasonable grounds to believe the licensee did not possess the qualifications for ini

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37-1-321 . Authority to administratively suspend license. (1) A board, the department if authorized by the board, or the department for programs without a board may administratively suspend a license when:
(a) an audit of continuing education, certification, or other qualifications necessary for continued licensure demonstrates that the licensee is noncompliant with requirements established by the board or by the department for a program;
(b) the licensee fails to respond to a board or department audit as provided in subsection (1)(a);
(c) the department receives notice of insufficient funds in the account used by the licensee to pay for an administrative fee or a board fee or fine;
(d) the department has reasonable grounds to believe the licensee did not possess the qualifications for initial issuance of the license; or
(e) a licensee fails to comply with the terms of a final order imposed pursuant to 37-1-312 or 37-1-405 .
(2) On identifying one or more of the deficiencies listed in subsection (1), the department shall inform the licensee in writing and provide the licensee 60 days from the date of the correspondence to cure the deficiency.
(3) If the licensee fails to cure the deficiency as provided in subsection (2), a board, the department if authorized by the board, or the department for programs without a board may administratively suspend the license without additional notice or opportunity for hearing.
(4) (a) The administrative suspension remains in effect until:
(i) a board, the department if authorized by the board, or the department for programs without a board determines the licensee has cured the deficiency; or
(ii) the license terminates as provided in 37-1-141 .
(b) An administratively suspended license that is not renewed lapses, expires, or terminates as provided in 37-1-141 .
(5) A licensee may not use a protected title or practice the licensed profession or occupation while the license is administratively suspended.
(6) To reinstate the administratively suspended license, a licensee must pay a fee and submit information necessary to cure the deficiencies as determined in the discretion of the department. The board or program may require successful completion of an examination or other demonstration of the applicant's competency and may reinstate the license or impose terms and conditions as provided in 37-1-312 .
(7) Instead of an administrative suspension, the department may refer the deficiencies demonstrated in subsection (1) for disciplinary proceedings as provided in 37-1-309 or 37-1-403 , as applicable. A board or the department may not proceed against a licensee for the same act or failure to act under both an administrative suspension as provided in this section and a disciplinary proceeding as provided in 37-1-309 or 37-1-403 .