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Rule: 24.171.2301 Prev     Up     Next    
Rule Title: UNPROFESSIONAL CONDUCT AND MISCONDUCT
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Department: LABOR AND INDUSTRY
Chapter: BOARD OF OUTFITTERS
Subchapter: Unprofessional Conduct
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.171.2301    UNPROFESSIONAL CONDUCT AND MISCONDUCT

(1) A violation of (1)(a) through (p) or (3)(a) through (o) by an outfitter, or (2)(a) through (d) or (3)(a) through (o) by a guide or professional guide is misconduct, specified as a basis for disciplinary action under 37-47-341, MCA. Such violation is also determined by the board to be unprofessional conduct, as provided in 37-1-319, MCA, specified as a ground for disciplinary action under 37-1-312, MCA. A violation of this rule may result in any sanction provided by 37-1-312 or 37-47-341, MCA. An outfitter shall:

(a) not violate any law, rule, or policy of the Department of Fish, Wildlife, and Parks concerning the certification of nonresidents for procuring hunting licenses;

(b) not conduct any services or allow services to be conducted by a supervised guide or professional guide 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) not provide services or allow services to be conducted by a supervised guide or professional guide to clients outside the boundaries of the outfitter's approved operations plan;

(d) not endorse a guide or professional guide license until the outfitter has made reasonable inquiry and determined that the guide or professional guide is qualified for licensure;

(e) not interfere, 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) 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) 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) not change 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) set all terms and conditions with clients;

(j) 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) maintain current, true, complete, and accurate records at all times;

(l) make all client records available at the outfitter's main base camp or business office to enforcement or investigative personnel authorized or appointed by the board;

(m) obtain and maintain a reasonable degree of supervision over the guide or professional guide 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) not employ or retain a guide or professional guide without first confirming that the guide or professional guide has current basic first aid certification;

(o) not exceed the licensee's NCHU;

(p) not use a guide prior to ensuring that the guide license is fully signed and dated;

(q) not use a guide with an inactive license, unless the proper fee is mailed within the time provided by rule; or

(r) not fail to return any inactive guide license that is not activated during the license year.

(2) A guide and professional guide shall:

(a) not advertise outfitting services;

(b) not make agreements with clients concerning monetary consideration or services offered, or collect fees from clients, without the express consent of the supervising outfitter;

(c) not provide services to clients who have not been specifically referred to the guide or professional guide from the endorsing outfitter;

(d) not provide guiding services during the same license year in which an outfitter also sponsors the guide or professional guide for an outfitter-sponsored license issued by the Montana Department of Fish, Wildlife and Parks;

(e) not act as a guide under a guide license, unless and until the guide and the outfitter have first signed and dated the guide license evidencing that the license is active; and

(f) not act as a guide under a guide license, unless the proper fee is mailed within the time provided by rule.

(3) All licensees shall:

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

(b) provide services on public land in a manner such that they do not interfere with the general public access to public land or waterways or access to wildlife on public land;

(c) provide their services in such a manner as not to be detrimental to the wildlife or the environment where they operate;

(d) report to the board office, at their earliest opportunity, any violation of fish and game laws or outfitter and guide laws of which they have knowledge;

(e) not use alcohol to the extent that the use impairs the user physically or mentally, while engaged by a client;

(f) not charge any fee for certifying or aiding or assisting any nonresident in procuring or attempting to procure a hunting license;

(g) not harass, assault, or abuse clients, employees, outfitters, guides, or professional guides, or members of the general public, verbally or otherwise;

(h) not abuse livestock;

(i) produce their current license at the request of a representative of the board;

(j) clearly designate who the responsible outfitter is in any advertisement of outfitting, guiding, or professional guiding services;

(k) carry the licensee's current license at all times when providing services;

(l) not have hunting or fishing privileges suspended, revoked, placed on probation, or voluntarily surrendered in the state of Montana or any other jurisdiction;

(m) not act beyond the scope of activities for which the individual is licensed;

(n) clearly designate the business name and personal name, address, telephone number, and license number of the outfitter, when advertising outfitter and guide services. In cases where a guide owns the outfitting business, the guide must identify the endorsing and supervising outfitter in any advertisement for the business;

(o) not offer for use by an unlicensed individual any watercraft identification identifying another licensee as the occupant of the watercraft;

(p) not intentionally misrepresent board laws or rules;

(q) not fail to respond to board inquiries and requests; or

(r) not remit a "nonsufficient fund check" or a check on a closed account for board fees or fines.

History: 37-1-131, 37-1-319, 37-47-201, MCA; IMP, 37-1-312, 37-1-316, 37-1-319, 37-47-201, 37-47-341, MCA; NEW, 1996 MAR p. 668, Eff. 3/8/96; AMD, 1999 MAR p. 809, Eff. 4/23/99; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2007 MAR p. 347, Eff. 3/9/07; AMD, 2008 MAR p. 2055, Eff. 9/26/08; AMD, 2010 MAR p. 651, Eff. 3/12/10; AMD, 2010 MAR p. 1889, Eff. 8/27/10.


 

 
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