Montana § 37-1-406 Sanctions -- Stay -- Costs -- Stipulations

Montana Statutes

§ 37-1-406 — Sanctions -- Stay -- Costs -- Stipulations

Montana·Title 37 PROFESSIONS AND OCCUPATIONS·Ch. 1 GENERAL PROVISIONS·Part 4 Uniform Regulations for Licensing Programs Without Boards

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 viola

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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 .

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