Current through Register Vol. 18, September 20, 2024
(1) The
following conduct is deemed by the board to be unprofessional conduct:
(a) failing to timely correct violations of
the Montana State Building Code, which is provided for in Title 50, chapter 60,
MCA. Whether a violation has been timely corrected must be determined in light
of the seriousness of the violation and all other factors deemed relevant by
the board;
(b) being adjudicated
under Title 39, MCA, by the court or agency having jurisdiction as having
violated any workers' compensation, unemployment insurance, or independent
contractor law in Montana, while working in the field of plumbing;
(c) failing to comply with the continuing
education requirements set forth in ARM Title 24, chapter 180;
(d) violating any requirement found in Title
37, chapters 1 or 69, MCA, or ARM Title 24, chapters 101 or 180;
(e) being found guilty or admitting to
sufficient facts in relation to, or pleading guilty or nolo contendre to a
crime in any jurisdiction, whether felony or misdemeanor, regardless of
adjudication or sentence, that relates to the practice of plumbing or the
ability to safely and effectively practice plumbing, including, but not limited
to, violations of any state or federal laws or regulations regarding
plumbing;
(f) aiding or abetting a
person to engage in conduct amounting to unprofessional conduct;
(g) failing to respond to the board or the
department within 30 days of the date when a correspondence has been mailed to
the current address of the licensee on file with the board;
(h) allowing false or misleading advertising
in relation to the licensee's business as it relates to the field of
plumbing;
(i) engaging in a
commercial activity that conflicts with responsibility to clients or to other
licensees or apprentices; and
(j)
failing or refusing to provide the board verification of an employee's hours
worked in the employ of the licensee when the request for verification is made
for purposes of licensure.
(2) Upon a finding of unprofessional conduct
as defined in (1), determined in accordance with the Montana Administrative
Procedure Act, the board may impose sanctions, including, but not limited to,
those allowed pursuant to
37-1-136
and
37-1-312,
MCA; any additional cost or expense incurred by a licensee as a result of a
sanction is the burden of the licensee. As additional forms of sanction, and
without limiting the availability of any other sanction allowed by law, the
board may:
(a) require a specific ratio among
the different types of licensees who are in the employment of a disciplined
licensee;
(b) require a specific
ratio among the different types of licensees among whom a disciplined licensee
is allowed to work;
(c) require
supervision or additional inspections; and
(d) limit the licensee's scope of
practice.
37-1-131,
37-1-136,
37-1-319,
37-69-202,
MCA; IMP,
37-1-131,
37-1-316,
37-1-319,
MCA;
