A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING SERVICE OF PROCESS TO OCCUR BY REGULAR MAIL FOR PROFESSIONAL AND OCCUPATIONAL LICENSEES AND LICENSE APPLICANTS; AUTHORIZING ELECTRONIC MAIL IF CONSENTED TO; revising timelines; AMENDING SECTIONS 37-1-309, 37-1-311, 37-1-403, AND 37-1-405, MCA; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 37-1-309, MCA, is amended to read:
"37-1-309. Notice -- request for hearing. (1) (a) If a reasonable cause determination is made pursuant to 37-1-307 that a violation of this part has occurred and the provisions of 37-1-321 do not apply, a notice must be prepared by department legal staff and served on the alleged violator. The notice, and any summary suspension order issued with the notice pursuant to 2-4-631, may be served by certified regular mail to the current address on file with the board or by other means authorized by the Montana Rules of Civil Procedure electronic mail if the licensee or license applicant consents to service by electronic mail. Service is complete on the date of mailing.
(b) The notice may not allege a violation of a particular statute, rule, or standard unless the board or the board's screening panel, if one has been established, has made a written determination that there are reasonable grounds to believe that the particular statute, rule, or standard has been violated.
(2) A licensee or license applicant shall give the board the licensee's or applicant's current address and any change of address within 30 days of the change.
(3) The notice must state that the licensee or license applicant may request a hearing to contest the charge or charges. A request for a hearing must be in writing and received in the offices of the department within 20 30 days after the licensee's receipt mailing date of the notice. Failure to request a hearing constitutes a default on the charge or charges, and the board may enter a decision on the basis of the facts available to it."
Section 2. Section 37-1-311, MCA, is amended to read:
"37-1-311. Findings of fact -- order -- report. (1) If the board decides by a preponderance of the evidence, following a hearing or on default, that a violation of this part occurred, the department shall prepare and serve the board's findings of fact and an order as provided in Title 2, chapter 4 37-1-309. If the licensee or license applicant is found not to have violated this part, the department shall prepare and serve the board's findings of fact and an order of dismissal of the charges.
(2) (a) The department shall within a reasonable amount of time report to the public the issuance of a summary suspension, a notice under 37-1-309, an accepted stipulation, a hearing examiner's proposed decision, and a final order.
(b) In addition to any other means of notice, the department shall post the required information on a publicly available website.
(c) This subsection (2) may not be construed to require a meeting to be open or records to be disseminated when the demands of individual privacy clearly exceed the merits of public disclosure."
Section 3. Section 37-1-403, MCA, is amended to read:
"37-1-403. Notice -- request for hearing. (1) If the department determines that reasonable cause exists supporting the allegation made in a complaint and the provisions of 37-1-321 do not apply, the department legal staff shall prepare a notice and serve the alleged violator. The notice, and any summary suspension order issued with the notice pursuant to 2-4-631, may be served by certified regular mail to the current address on file with the department or by other means authorized by the Montana Rules of Civil Procedure electronic mail if the licensee or license applicant consents to service by electronic mail. Service is complete on the date of mailing.
(2) A licensee or license applicant shall give the department the licensee's or applicant's current address and any change of address within 30 days of the change.
(3) The notice must state that the licensee or license applicant may request a hearing to contest the charge or charges. A request for a hearing must be in writing and must be received in the offices of the department within 20 30 days after the licensee's receipt mailing date of the notice. Failure to request a hearing constitutes a default on the charge or charges, and the department may enter a decision on the basis of the facts available to it."
Section 4. Section 37-1-405, MCA, is amended to read:
"37-1-405. Findings of fact -- order -- report. (1) If the department finds by a preponderance of the evidence, following a hearing or on default, that a violation of this part has occurred, the department shall prepare and serve findings of fact, conclusions of law, and an order as provided in Title 2, chapter 4 37-1-403. If the licensee or license applicant is found not to have violated this part, the department shall prepare and serve an order of dismissal of the charges.
(2) (a) The department shall within a reasonable amount of time report to the public the issuance of a summary suspension, a notice under 37-1-403, an accepted stipulation, a hearing examiner's proposed decision, and a final order.
(b) In addition to any other means of notice, the department shall post the required information on a publicly available website.
(c) This subsection (2) may not be construed to require a meeting to be open or records to be disseminated when the demands of individual privacy clearly exceed the merits of public disclosure."
NEW SECTION. Section 5. Effective date. [This act] is effective on passage and approval.