Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.56 - UNDERGROUND STORAGE TANKS PETROLEUM AND CHEMICAL SUBSTANCES
Subchapter 17.56.14 - Underground Storage Tank Licensing
Rule 17.56.1422 - PROHIBITION OF UNPROFESSIONAL LICENSEE CONDUCT
Universal Citation: MT Admin Rules 17.56.1422
Current through Register Vol. 6, March 22, 2024
(1) Any of the following acts of a person licensed under this subchapter constitute unprofessional conduct, are prohibited, and may result in the department conditioning, restricting, suspending, or revoking a license issued under this subchapter:
(a) false, fraudulent, or
misleading advertising;
(b)
misrepresentation or fraud in any aspect of the installation, closure, or
inspection of an underground storage tank system;
(c) participation in any unlawful unpermitted
underground storage tank system installation or removal;
(d) failure to cooperate with the department
by:
(i) not furnishing to the department upon
its request a full and complete written explanation covering the matter
contained in any complaint filed with the department;
(ii) not responding to a subpoena issued by
the department or any court, whether or not the recipient of the subpoena is
the respondent named in any proceeding;
(iii) failure to submit the signed permit,
the certification of compliance, or to meet any other permit special condition
imposed under ARM
17.56.1305(3)(f)
for installations; or
(iv) failure
to submit the tank closure report, the signed permit, or the laboratory results
for the site assessment for closures.
(e) interference with an investigation or
disciplinary proceeding by willful misrepresentation of facts to the department
or its authorized representative, or by the use of threats or harassment
against any person to prevent the person from providing evidence in any agency
proceeding or legal action relating to underground storage tank systems;
(f) failure to make available,
upon request of a client using the licensee's services, or upon request of the
client's designee, copies of documents in the possession and under the control
of the licensee, when those documents have been prepared by the licensee
relating to the licensee's services performed for the client;
(g) failure to comply with an order issued by
any court or by the department, with a permit condition, or with a consent
order or stipulation entered into with the department;
(h) failure to adequately supervise the
licensee's employee(s)' compliance with statutes and rules relating to
underground storage tank systems;
(i) aiding or abetting an unlicensed person
to install, close, or inspect an underground storage tank system;
(j) violation of any state or federal statute
or administrative rule, or any ordinance of a political subdivision relating to
the installation or closure of an underground storage tank system;
(k) failure to display his or her license
upon request of any client, prospective client, representative of the
department, or licensed inspector;
(l) failure to adequately inspect an
underground storage tank system for compliance with its operation, maintenance,
and recordkeeping requirements in accordance with ARM
17.56.309;
(m) undertaking work from which the licensee
has been prohibited by the terms of a license, permit, or order issued by the
department; or
(n) offering,
giving, soliciting, or receiving, directly or indirectly, any commission, gift,
or other valuable consideration in exchange for the grant of a license from the
department or to obtain a license for another.
AUTH: 75-11-204, MCA; IMP: 75-11-204, 75-11-211, MCA
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