Montana Code Annotated 2021



Part 2. Licensing Provisions

Renewal, Suspension, Or Revocation Of License -- Grounds -- Hearing -- Appeal To District Court

81-22-203. Renewal, suspension, or revocation of license -- grounds -- hearing -- appeal to district court. (1) The department may revoke, deny renewal of, or suspend a license issued under this part or its rules for cause or failure to comply with this chapter or with the rules, testing procedures, or methods adopted under this chapter or when the department has reason to believe that the licensee's products may be detrimental to or jeopardize the health and welfare of the public.

(2) Before revoking, denying renewal of, or suspending a license, the department shall give written notice of its intention to revoke, deny, or suspend the license and its reasons for the revocation, denial, or suspension. The department shall give the licensee a time limit of 10 days from receipt of the notice during which the licensee may request a hearing to show cause why the license should not be revoked, denied, or suspended. The notice must be sent by certified mail, or personal service may be made on the licensee by a representative of the department. Failure of the licensee to request a hearing within the time allowed by the department is considered as the licensee's desire not to contest the department's reasons for revoking, denying, or suspending the license.

(3) If the licensee requests a hearing, the department shall appoint a time and place for an administrative hearing in the county where the licensee is licensed.

(4) The date established for the hearing may be not less than 10 days or more than 30 days after receipt of the licensee's request for the hearing. A request for a hearing serves as a bar to prosecution until a decision from the department becomes final. The licensee at the hearing may testify or present evidence having a bearing on the revocation, denial, or suspension of the license, and after hearing all the evidence, the department shall make a determination. If a license is revoked, denied, or suspended, it may not be reinstated until examination or inspection by the department shows that the cause for revocation, denial, or suspension has been eliminated or corrected.

(5) It is unlawful for a licensee to carry on the business or operations for which the licensee was licensed, during the term of suspension or revocation, and if the licensee does so, the licensee is subject to the penalties provided in the chapter.

(6) A licensee who is aggrieved by the decision of the department in matters pertaining to revocation, denial, or suspension of a license may appeal, within 30 days after the date of determination by the department, to the district court of the county in which the licensee was licensed, if in the state, or in the case of a business firm of any nature in the state, of the county of its principal place of business.

(7) If a license is revoked a new license must be obtained from the department, but a new license may be issued only when the cause for revocation has been corrected.

History: En. Sec. 19, Ch. 413, L. 1971; amd. Sec. 25, Ch. 310, L. 1974; R.C.M. 1947, 3-24-106; amd. Sec. 2703, Ch. 56, L. 2009.