24.171.410    OUTFITTER ASSISTANTS

(1) For each outfitter assistant employed or contracted with by an outfitter, the following documentation procedures shall be followed:

(a) An outfitter shall document the employment or retention of each outfitter assistant in writing. The writing shall include each of the following characteristics:

(i) the name, license number, address, phone number, and, if available, e-mail address of the outfitter;

(ii) an explanation for the emergency replacement of a licensed guide with the outfitter assistant;

(iii) the signature of the outfitter;

(iv) the name, date of birth, address, telephone number, and, if available, e-mail address of the outfitter assistant; and

(v) the beginning and ending dates of the service period.

(b) The outfitter assistant shall keep a copy of the documentation at all times during the service period.

(c) Within 15 days of the first date the outfitter assistant serves any client for the outfitter under the particular emergency use, the outfitter shall send the documentation to the board's official e-mail address or facsimile number, or shall deposit it in the U.S. mail to the board's address, or shall personally deliver it to the board office.

(2) Before an outfitter assistant serves a client, the outfitter shall disclose to each client that the outfitter assistant is not a licensed guide or outfitter and shall also disclose whether the outfitter assistant has received first aid certification.

(3) Unless otherwise authorized under ARM 24.171.405, regarding booking agents and advertising, an outfitter assistant may not:

(a) be designated by an outfitter to collect fees from clients;

(b) make agreements with participants concerning monetary consideration of services provided; or

(c) advertise outfitting services.

(4) Except where an outfitter assistant's conduct is further limited by statute or rule, the standards of conduct set forth in ARM 24.171.2301 applicable to guides shall also be observed by the outfitter assistant.

History: 37-1-131, 37-47-201, MCA; IMP, 37-1-131, 37-47-201, 37-47-301, 37-47-325, 37-47-405, MCA; NEW, 2015 MAR p. 58, Eff. 1/30/15.