Montana Code Annotated 2001

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     20-26-1119. Stay of suspension of license -- payment plan -- hardship. (1) A debtor may, at the time of the hearing conducted under 20-26-1116 or at any time after the hearing, petition the agency for an order staying suspension of the license.
     (2) The agency shall consider the debtor's petition for a stay separately from any determination on whether suspension of a license is appropriate.
     (3) The agency may stay suspension of a license upon a showing that suspension or continued suspension of a license would create a significant hardship to the debtor, to the debtor's employees, to legal dependents residing in the debtor's household, or to persons, businesses, or other entities served by the debtor.
     (4) A stay terminates upon:
     (a) termination of the circumstances upon which a significant hardship is based;
     (b) failure by the debtor to abide by the terms and conditions of a payment plan; or
     (c) the date of termination, if any, provided in the order staying suspension of the license.
     (5) If the licensing authority has been notified of an order suspending a license, the agency shall send a copy of any order staying or reinstating suspension of the license to the licensing authority and the debtor.
     (6) (a) Upon receipt of an order staying or reinstating suspension of the license, the licensing authority shall:
     (i) enter the information on appropriate records;
     (ii) report the action as appropriate; and
     (iii) as appropriate, demand surrender of the suspended license or return the reinstated license.
     (b) Further action by the licensing authority is not necessary to implement the stay or reinstatement of suspension of the license.

     History: En. Sec. 5, Ch. 446, L. 1997.

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