Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.171 - BOARD OF OUTFITTERS
Subchapter 24.171.23 - Unprofessional Conduct
Rule 24.171.2301 - UNPROFESSIONAL CONDUCT

Universal Citation: MT Admin Rules 24.171.2301

Current through Register Vol. 18, September 20, 2024

(1) It is unprofessional conduct for a licensee or license applicant to violate any statute, rule, or standard of practice governing their scope of practice.

(2) In addition, the following is unprofessional conduct for a licensee or a license applicant:

(a) failing to respect the rights of others, private and public property, and failing to provide for the health, safety, and well-being of clients, employees, and the general public;

(b) providing services on public land in a manner that interferes with the general public access to public land or waterways or access to wildlife on public land;

(c) providing services detrimental to the wildlife or the environment where operating;

(d) failing to report to the board office, at the earliest opportunity, any violation of fish and game laws or outfitter, guide, and outfitter's assistant laws of which the licensee has knowledge;

(e) charging any fee for certifying or aiding or assisting any nonresident in procuring or attempting to procure a hunting license, or preference point;

(f) harassing, assaulting, or abusing clients, employees, outfitters, guides, or outfitter's assistants, or members of the general public, verbally or otherwise;

(g) abusing livestock;

(h) failing to produce records as required by ARM 24.171.410 (electronic proof of license or certification is permitted);

(i) failing to carry the licensee's current license and certifications at all times when providing services (electronic proof of license or certification is permitted);

(j) having hunting or fishing privileges or a wildlife conservation license suspended, revoked, placed on probation, or voluntarily surrendered in the state of Montana or any other jurisdiction;

(k) failing to have a valid wildlife conservation license before providing guiding services;

(l) acting beyond the scope of activities for which the individual is licensed;

(m) offering an unlicensed individual any watercraft identification tag identifying the occupant of the watercraft as a licensee; or

(n) failing to respond to board inquiries and requests; and

(o) failing to comply with or failing an inspection conducted by the department.

(3) The following is unprofessional conduct for outfitters and outfitter applicants:

(a) violation of any law, rule, or policy of the Department of Fish, Wildlife and Parks concerning the certification of nonresidents for procuring hunting licenses;

(b) conducting any services or allowing services to be conducted by a supervised guide or outfitter's assistant on private or public land, except legal transportation across such lands, without first having obtained written permission from the landowner or written authorization from the agency administering public land, unless the landowner or agency does not require such permission;

(c) providing services or allowing services to be provided by a supervised guide or outfitter's assistant to clients outside the boundaries of the outfitter's approved operations plan;

(d) endorsing a guide license before the outfitter has made reasonable inquiry and determined that the guide is qualified for licensure;

(e) interfering, by solicitation or otherwise, with a contract between another outfitter and client, including certifications for game license or permits, when it is known or reasonably should be known that a contract to provide services exists between that other outfitter and a client;

(f) failing to furnish each client with a current and complete rate schedule, which shall include all charges, a deposit policy, and deposit refund policy, all in writing, for services offered;

(g) failing to specify in writing, when offering services to a nonresident hunting client, the refund policy for failure by the prospective client to draw a license required to participate in the service offered;

(h) changing the rates and/or policies from those published without the written consent of the client after the outfitter receives and accepts the deposit from the client;

(i) failing to set all contract terms and conditions with clients;

(j) failing to personally collect, or designate an agent to collect, all fees from clients. The outfitter is solely responsible for complying with the outfitter's deposit and deposit refund policy;

(k) failing to maintain current and accurate records;

(l) failing to make all client records available in accordance with ARM 24.171.408;

(m) failing to obtain and maintain a reasonable degree of supervision over each guide and outfitter's assistant to ensure that the services offered are being provided in accordance with the laws and rules, with particular regard to those laws and rules pertaining to the health, safety, and welfare of the participants, the public, and landowners;

(n) employing or retaining a guide without first confirming that the guide has current basic first aid certification;

(o) exceeding the licensee's NCHU;

(p) using a guide prior to ensuring that the guide license is fully signed and dated;

(q) failing to comply with all laws and rules relating to outfitter's assistants; and

(r) when advertising services, failing to clearly designate the outfitter's registered business name or personal name and the outfitter's license number.

(4) The following is unprofessional conduct for guides and guide applicants:

(a) advertising services to the general public;

(b) making agreements with clients concerning monetary consideration or services offered, or collect fees from clients, without the express consent of the supervising outfitter, as expressly provided in ARM 24.171.405;

(c) providing services to clients who have not been specifically referred to the guide from the endorsing outfitter; and

(d) acting as a guide without a signed and dated guide license.

AUTH: 37-1-131, 37-1-319, 37-47-201, MCA; IMP: 37-1-312, 37-1-316, 37-1-319, 37-47-201, 37-47-325, 37-47-341, MCA

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