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69th Legislature 2025 HB 261.1
- 1 - Authorized Print Version – HB 261
1 HOUSE BILL NO. 261
2 INTRODUCED BY B. CLOSE, J. KASSMIER, R. MINER, G. NIKOLAKAKOS
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR PROCEDURAL RULEMAKING AUTHORITY TO
5 THE DEPARTMENT OF LABOR AND INDUSTRY; ESTABLISHING RULEMAKING IN CONTESTED
6 ADMINISTRATIVE CASES; AND AMENDING SECTION 37-1-101, MCA.”
7
8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
9
10 Section 37-1-101, MCA, is amended to read:
11 "37-1-101. In addition to the provisions of 2-15-121, the department shall:
12 (1) establish and provide all the administrative, legal, and clerical services needed by the boards
13 within the department, including corresponding, receiving, and processing routine applications for licenses as
14 defined by a board, issuing and renewing routine licenses as defined by a board, disciplining licensees, setting
15 administrative fees, preparing agendas and meeting notices, conducting mailings, taking minutes of board
16 meetings and hearings, and filing. In issuing routine licenses for a board, the department shall issue a license
17 within 45 days from the time of receiving a completed application or, within 10 calendar days, provide notice
18 and response timelines to the applicant of deficiencies in the application or provide information as to any
19 exigent circumstances that may delay issuing a license. For nonroutine licenses, the department shall confer
20 with the board to which the licensure application is made and provide an expected timeline to an applicant for
21 issuing a license, including notifying the applicant from that time forward of any deviations from the expected
22 timeline.
23 (2) standardize policies and procedures and keep in Helena all official records of the boards;
24 (3) make arrangements and provide facilities in Helena for all meetings, hearings, and
25 examinations of each board or elsewhere in the state if requested by the board;
26 (4) contract for or administer and grade examinations required by each board;
27 (5) investigate complaints received by the department of illegal or unethical conduct of a member
28 of the profession or occupation under the jurisdiction of a board or a program within the department; ****
69th Legislature 2025 HB 261.1
- 2 - Authorized Print Version – HB 261
1 (6) assess the costs of the department to the boards and programs on an equitable basis as
2 determined by the department;
3 (7) adopt rules setting administrative fees and expiration, renewal, and termination dates for
4 licenses;
5 (8) issue a notice to and pursue an action against a licensed individual, as a party, before the
6 licensed individual's board after a finding of reasonable cause by a screening panel of the board pursuant to 37-
7 1-307(1)(d);
8 (9) (a) provide notice to the board and to the appropriate legislative interim committee when a
9 board cannot operate in a cost-effective manner;
10 (b) suspend all duties under this title related to the board except for services related to renewal of
11 licenses;
12 (c) review the need for a board and make recommendations to the legislative interim committee
13 with monitoring responsibility for the boards for legislation revising the board's operations to achieve fiscal
14 solvency; and
15 (d) notwithstanding 2-15-121, recover the costs by one-time charges against all licensees of the
16 board after providing notice and meeting the requirements under the Montana Administrative Procedure Act;
17 (10) monitor a board's cash balances to ensure that the balances do not exceed two times the
18 board's annual appropriation level and adjust fees through administrative rules when necessary. This
19 subsection does not apply to the board of public accountants, except that the department may monitor the
20 board's cash balances.
21 (11) establish policies and procedures to set fees for administrative services, as provided in 37-1-
22 134, commensurate with the cost of the services provided. Late penalty fees may be set without being
23 commensurate with the cost of services provided.
24 (12) adopt uniform rules for all boards and department programs to:
25 (a) establish procedures for contested cases; and
26 (b) comply with the public notice requirements of 37-1-311 and 37-1-405. The rules may require
27 the posting of only the licensee's name and the fact that a hearing is being held when the information is being
28 posted on a publicly available website prior to a decision leading to a suspension or revocation of a license or ****
69th Legislature 2025 HB 261.1
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1 other final decision of a board or the department."
2 - END -