This rule has been repealed.

This rule has been repealed.

(1) The fee for the issuance, renewal, or reinstatement of a construction contractor certificate of registration is $70. The fee is not refundable. If a business changes, adds, or removes an FEIN, a new application and $70 application fee must be submitted.

(2) An incomplete application will be deemed denied after 30 days.  An applicant may submit required, missing information for consideration of the application within 180 days of initial application.  After that time, the applicant must pay another application fee.

(3) The department may verify any application information, or other requirements of registration, as it deems necessary.

This rule has been repealed.

(1) A contractor registration may be suspended in circumstances which the department deems necessary. These circumstances include, without limitation, the following:

(a) false statements regarding any aspect of the construction contractor registration application;

(b) suspension is required by law, for example, based on non-payment of child support pursuant to Title 40, chapter 5, part 7, MCA;

(c) failure to comply with any law or rule pertaining to construction contractors, including compliance with the Workers' Compensation Act.

This rule has been repealed.

(1) Certificate holders must report all changes to a certificate in writing to the department within ten days of the change. Such reportable changes include, but are not limited to:

(a) address;

(b) name;

(c) change in status of certificate as stated pursuant to ARM 24.33.151(1);

(d) phone number;

(e) change to ownership;

(f) workers' compensation insurance carrier change or cancellation;

(g) business name; or

(h) any change in business officers, members, or partners which has been or must be reported in filings with the Secretary of State.

(2) If a change is not reported to the department within ten days, the certificate may be suspended.

(1) Issued certificates will display one of the following statuses:

(a) "BID ONLY" means the contractor is registered only to bid construction work in Montana and cannot perform actual work until the contractor upgrades the certificate to one of the following statuses.

(b) "EMPLOYER" means the contractor carries workers' compensation coverage on employees and is registered to have employees.

(c) "LEASED EMPLOYEES ONLY" means the contractor uses employees of a professional employer organization, as defined at 39-8-102, MCA.

(d) "NO EMPLOYEES, MAY HIRE EXEMPT WORKERS ONLY" means the contractor does not carry workers' compensation coverage on any employees.

(2) Along with a certificate, each certificate holder will receive a construction contractor registration wallet card.

As used in this subchapter, the following definitions apply:

(1) "Day" means a calendar day.

(2) "Expiration of registration" means the registration was not timely renewed and is no longer active due to the passage of time.

(3) "Home inspection worker" means an individual who has demonstrated to the department that the individual is qualified to perform home inspection work.

(4) "Initial application" means the first time a home inspection business applies to the department for registration as a home inspector.

(5) "Registration" means the status held by a home inspection business after the home inspection business has successfully registered with the department.

(6) "Reinstatement of registration" means reactivation of a non-expired registration, following suspension of the registration by the department.

(7) "Renewal application" means an application by a registered home inspector to be registered for an additional two-year period after the home inspector has been properly registered via an initial application.

(8) "Roster" means the list of home inspection workers who have been identified by the home inspection business as employees. The roster may include an individual who is separately registered in their individual capacity as a home inspection business as provided by ARM 24.33.421, but who is authorized to work under the registration name and number of the registrant.

(9) "Suspension of registration" means the registration is no longer active as the result of an action taken by the department in response to conduct of the registrant.

(1) The following fees are charged by the department for home inspection businesses:

(a) initial application $80.00

(b) renewal application 80.00

(c) reinstatement of suspended registration 40.00

(d) change of address no charge

(e) change of home inspection worker roster no charge

(2) All fees are nonrefundable.

(1) In order to be registered by the department, a home inspection business shall complete a registration application and pay the registration fee as provided in ARM 24.33.406.

(2) An incomplete application will be deemed denied after 30 days.  Within six months of the deemed denial, an applicant may submit the required information for consideration of the application.  After six months, the applicant must reapply.

(3) Before a registration expires, a home inspection business may renew its registration by applying to the department and paying the required fee.

(4) Application contents are public record open to inspection, except for personally identifiable information protected from public disclosure.

(1) An application may be made in person during regular business hours at the department's offices, submitted by mail, or electronically as specified by the department.

(2) The registration period is two years and expires on the two-year anniversary of the initial registration.

(1) A home inspection worker who engages in subcontracting with a home inspection business of another shall individually register as a home inspection business.

(2) A home inspection worker who is engaged as an employee of a registered home inspection business must be listed on the employer's roster and does not need to separately register as a home inspection business, if the home inspection worker never:

(a) subcontracts with a registered home inspection business owned by another; or

(b) independently offers her or his services to members of the public.

(1) Any organization wishing to be approved by the department for the purposes of offering an examination under for registration must apply to the department for approval of its examination. The organization must demonstrate that its examination is psychometrically valid, and covers at least the following topics:

(a) roofing;

(b) exterior;

(c) interior;

(d) structural;

(e) electrical;

(f) plumbing;

(g) heating and cooling (HVAC);

(h) insulation;

(i) fireplace and chimney; and

(j) ethical business practices, professional standards, and reports.

(2) Any organization wishing to be approved by the department for the purposes of offering a comprehensive home inspection instruction for home inspectors consisting of at least 40 hours of instruction must apply to the department for recognition. The organization must demonstrate that its educational program is comprehensive and covers at least the topics required for examination in (1).

(3) Any organization wishing to be approved by the department for the purposes of offering a comprehensive home inspection instruction for home inspectors must also demonstrate that it conducts a valid assessment of students' knowledge and understanding of the subject matter being taught in order to demonstrate successful completion. The organization shall describe in detail how the assessment is made, and the criteria by which a student is deemed to have successfully completed the educational program.

(4) A list of organizations approved by the department to offer home inspector examinations is available by contacting the department's home inspection program, and can also be found at the department's web site.

(5) A list of formal home inspection educational programs approved by the department is available by contacting the department's home inspection program, and can also be found at the department's web site.

(1) A home inspection business shall provide to the department in writing, within ten days of the occurrence, changes to:

(a) the roster of home inspectors performing work for the home inspection business; and

(b) the business name, address, contact information, or type of business structure.

(2) A home inspection business that does not timely provide information to the department as required by (1) is subject to having its registration suspended.

(3) A home inspection business may reinstate a suspended registration by providing the department with any updated information as required by (1) and paying the reinstatement fee provided in ARM 24.33.406.

(4) As provided by 39-9-212, MCA, a home inspection business may not operate without being properly registered. Operating a home inspection business without proper registration may result in the imposition of a civil penalty as provided by ARM 24.33.471.

(a) The imposition of a civil penalty does not preclude the department from seeking injunctive relief.

This rule has been repealed.

(1) Any sponsoring organization that requests continuing education credits be approved by the department for training must complete and submit a request on a form provided by the department. 

(2) The department shall review the course submission and determine the number of credit hours to be awarded for completion of the course. Course topics must be germane to the skills needed for competency as a home inspection worker.

(3) An hour of credit is available for each 50 minutes of continuing education instruction.

(4) Courses subject to an award of continuing education credits may include but are not limited to:

(a) classroom setting or seminars;

(b) self-study, electronic media;

(c) correspondence course;

(d) computer-based training; or

(e) remote training.

(5) Continuing education programs offered or recognized by the following associations are deemed to be accepted by the department:

(a) American Society of Home Inspectors (ASHI);

(b) International Association of Certified Home Inspectors (InterNACHI); and

(c) department-approved comprehensive courses.

(6) The department will accept continuing education courses offered by any other content provider, where the course has been recognized or accepted by two or more states that require continuing education for home inspectors as a condition of renewal of authority to engage in home inspection in that state.

(7) A list of recognized continuing education sponsors and courses is available on the department's home inspector web page.

(1) The following schedule of penalties (civil fines) applies to the home inspector program:

(a) failure to register:

(i) first offense $ 250

(ii) second offense 500

(iii) third offense and subsequent offenses 1,000

(b) use of a false name or a false identity:

(i) first offense 1,000

(ii) second offense 2,500

(iii) third offense and subsequent offenses 5,000

(2) In the event of an inadvertent failure to register, or a de minimus violation to timely update information, the department may, in its sole discretion, reduce or waive a penalty.

(1) A person receiving an adverse decision may request a hearing within 15 days from when the adverse decision is sent. This request does not prohibit efforts at conciliation or mediation.

(2) The hearing will be conducted as a contested case per Title 2, chapter 4, part 6, MCA.

(3) Because home inspector registration is not a licensing matter, the hearing may be conducted either formally or informally, at the election of the person requesting the hearing.

This rule has been repealed.