Montana Code Annotated 2023



Part 1. Duties and Authority of Department, Director, and Boards

Appointment -- Qualifications -- Terms

37-1-123. Appointment -- qualifications -- terms. (1) The governor shall appoint the members of a board designated under 2-15-1730 through 2-15-1782 in accordance with this section and with the consent of the senate.

(2) (a) The governor has the authority to remove members of the board with reasonable cause, including but not limited to documented misconduct, incompetence, or neglect of duty.

(b) A person removed from a board by the governor may request reconsideration of the removal. The request for reconsideration must be submitted to the governor within 14 days of the removal. The governor has 14 days to rescind or reaffirm the removal from the board.

(3) Each board must be composed of professional and public members.

(4) (a) Each professional member of a board, while serving as a board member:

(i) must be a resident of this state and at least 18 years of age; and

(ii) must be currently practicing in the profession or occupation and have an active license in this state for at least 1 year and in good standing for the profession or occupation in which the member is appointed to serve.

(b) For the purposes of subsection (4)(a), "good standing" means an active license unencumbered by a final order of disciplinary action or administrative suspension.

(5) (a) Each public member of the board must be a resident of this state and at least 18 years of age.

(b) A public member may not be:

(i) the spouse, parent, or child of a current or former licensee of the board; or

(ii) a person who currently or within the 3 years prior to appointment had any material financial interest in the provision of professional services or engaged in any activity related to the practice of the profession regulated by the board on which the public member is appointed to serve, except as a consumer.

(6) Each board member shall maintain eligibility to serve on the board by avoiding or disclosing conflicts of interest or relationships that would interfere with the board mission of public protection.

(7) A board member may not have a financial interest in the provision of continuing education to any licensee if that continuing education is required by statute or rule.

(8) Each member of the board shall annually attest to having completed coursework or training of a duration and covering content provided by the department to address relevant regulatory issues, including role of the board, role of the board member, conflict of interest, competition, administrative procedures, enforcement, and immunity.

(9) Except as provided in subsection (10), board members must be appointed by the governor with the consent of the senate for a term of 4 years unless appointed to fill a vacancy that occurs prior to the expiration of a former member's full term. A member appointed to fill a vacancy under this section shall serve the remaining portion of the unexpired term. Appointments made when the legislature is not in session must be confirmed at the next regular legislative session.

(10) The terms of the board members begin on July 1 and are staggered. Subject to 2-16-213, each member shall serve until the expiration of their term unless the member cannot serve because of removal or resignation from board membership.

(11) A member may serve two consecutive full terms and may not be reappointed within 4 years of the completion of the member's second consecutive full term except in cases when no qualified applications are received for membership on the board. For the purposes of this section, an appointment to fill an unexpired term does not constitute a full term.

History: En. Sec. 1, Ch. 620, L. 2023.