24.101.402    DEFINITIONS

As used in conjunction with Title 37, MCA, the following definitions apply:

(1) "Active status" means a license status that affords a licensee the rights and privileges to practice while complying with requirements as set by the licensing board or program.

(2) "Administrative fee" means a fee established by the department to cover the cost of administrative services as provided for in 37-1-134, MCA.

(3) "Department" means the Department of Labor and Industry.

(4) "Disciplinary action" means the procedure by which unprofessional conduct is addressed by the board or program pursuant to the contested case hearing provisions of the Montana Administrative Procedure Act (MAPA).

(5) "Division" means the Business Standards Division of the Department of Labor and Industry.

(6) "Expired license" means a license not renewed within 45 days to two years after the renewal date. An expired license may be reactivated within these two years.

(7) "Inactive status" means a license status that does not authorize the licensee to practice, nor engage in activities requiring a license at any time during the period of inactive status. An inactive status license must be renewed as prescribed by the licensing board or program.

(8) "Lapsed license" means a license not renewed by the license renewal date. A lapsed license may be reactivated within 45 days following the license renewal date.

(9) "Late penalty fee" means the fee that a licensee must pay when renewing a license after the renewal date.

(a) The department may assess late penalty fees for each renewal period in which a license is not renewed.

(b) Late penalty fees need not be commensurate with costs.

(10) "License verification" means the documentation provided to another licensing entity that may include information supplied for original licensure or license history information.

(11) "New original license" means a license issued to an individual whose previous original license terminated and was not reinstated. To receive a new original license, all current requirements for obtaining an original license must be met. 

(12) "Nonroutine application" means an application that staff has determined requires board review, because it involves:

(a) evidence of unprofessional conduct as defined by law or rule;

(b) materials that require evaluation by the professional members of the board to determine compliance with qualifications for licensure;

(c) missing documentation due to natural disaster, national emergency, or other good cause supported by reliable information;

(d) a matter specifically defined by board or program rule or law as nonroutine; or

(e) an issue staff deems necessary for the board to review.

(13) "Original license" means the initial license issued to a licensee by the department after successfully fulfilling all licensure requirements for the first time.

(14) "Probationary license" means a license that affords a licensee the rights and privileges to practice while complying with terms and conditions of a final order in a disciplinary action.

(15) "Reactivated license" means a lapsed or expired license that is renewed between the renewal date and two years following the renewal date by meeting all renewal requirements.

(16) "Reactivation" means activating a lapsed or expired license.

(17) "Renewal date" means the date by which an existing license must be renewed per ARM 24.101.413. Renewal information must be submitted on or before the renewal date to renew a license without assessment of a late penalty fee.

(18) "Routine application" means an application that staff has determined does not require board review because:

(a) the application does not meet the definition of nonroutine; or

(b) all issues qualifying the application as nonroutine have already been decided by the board, e.g. in a prior application, and no additional relevant information is presented that suggests the need to reconsider that decision.

(19) "Suspended license" means a license following a final disciplinary action against the licensee that no longer affords a licensee the rights and privileges to practice for a period of time specified in a final order. This term does not include an administratively suspended license per 37-1-321, MCA.

(20) "Terminated license" means a license not renewed or reactivated within two years of the renewal date. A terminated license may not be reactivated. 

History: 2-4-201, 37-1-101, MCA; IMP, 2-4-201, 37-1-101, 37-1-130, 37-1-131, 37-1-141, 37-1-321, MCA; NEW, 2006 MAR p. 1583, Eff. 7/1/06; AMD, 2015 MAR p. 1755, Eff. 10/16/15; AMD, 2020 MAR p. 2144, Eff. 11/21/20.