(2) Except as provided by (3) , a program that has an excessive cash balance may abate the renewal fees for the program's licensees or registrants for one or more renewal cycles until the program's cash balance does not exceed the allowable maximum.

(a) The abatement of renewal fees may be the total amount of the renewal fee, or only a specified portion of the renewal fee.

(b) If a program has more than one category of renewals, the abatement must be made on a roughly proportional basis to fairly, equitably, reasonably and economically distribute the abatement among the program's licensees or registrants. The program may, for good cause, completely abate the renewal fee for certain classes of licensees or registrants and not for other classes, if the administrative cost of processing a reduced renewal fee for all classes is disproportionately high. In such a case, the program must attempt in any future abatements to equitably treat those classes of renewals which have borne a relatively higher proportion of renewal fees.

(c) The fact that the renewal fee is abated for any given renewal cycle does not excuse the licensee or registrant from otherwise fulfilling the renewal requirements, including submission of a renewal application and/or continuing education documentation. A program, to the extent it so provides by rule, may impose a late fee on untimely submissions of renewal applications or other required documentation.

(3) This rule does not apply to programs for which an exception to 17-2-302 , MCA, exists and is applicable. As an example, a program with a three-year renewal cycle will have an apparent excess cash balance during the first year of the renewal cycle, based on a collection of three year's worth of fees for operations expenses.

(4) This rule does not relieve a program from the duty to establish fees at a level commensurate with costs.

(5) A licensing board attached to the department for administrative purposes may adopt the procedures specified in this rule by incorporating this rule by reference. Such an adoption of this rule authorizes the department to make such abatements as are appropriate, without further vote or action by the board. Incorporation by reference of this rule does not relieve the board of its obligations to set fees in a manner commensurate with costs. This rule does not relieve a board from its duty to undertake appropriate rulemaking to modify its fee structure when there are recurrent instances of cash balances in excess of the amount allowed by statute.

This rule has been repealed.

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. 

(1) Administrative fees, in addition to fees charged by a board or program, are as follows:

(a) duplicate license $5

(b) licensee lists or rosters 20

(c) photocopies per page (in excess of 20 pages) .25

(d) certified copies per page (in excess of ten pages) .50

(e) reinstate administratively suspended license 120

(f) returned check fee, including but not limited to, checks issued with nonsufficient funds, stop payment requests, or missing signatures 30

(g) license verification 20

(i) The license verification fee is waived for any board or program having a signed reciprocal agreement with another licensing entity continuing a provision that no fees are to be charged.

(h) inactive to active status change fee during the licensure period is the difference between the cost of an inactive license and an active license renewal fee;

(i) renewal fee for a license suspended through a final disciplinary action is 50 percent of the regular renewal fee; and

(j) renewal fee for a probationary license is the same as the renewal fee.

(2) The late penalty fee is 100 percent of the license renewal fee, is in addition to the renewal fee, and must be paid for each renewal period in which the license was not renewed on or before the renewal date in ARM 24.101.413.

(a) When a renewal fee is abated, the late penalty fee that must be paid is 100 percent of the renewal fee that would have been charged had the renewal fee not been abated.

(3) There is no late fee for licensed guides under the jurisdiction of the Board of Outfitters.

(4) To convert a license from inactive to active status, the licensee must pay the difference between the inactive status fee and the active status fee for the remainder of the current renewal period.

(5) When a military reservist renews a professional or occupational license after being discharged from active duty, the renewal fee will be the current renewal fee. Pursuant to 37-1-138, MCA, the department will not assess or charge any past fees accrued when the reservist was on active duty.

(6) All fees are nonrefundable.�

(2) If a final order is based only upon a failure to file or complete in a timely manner a minor administrative requirement that is in rule or law, the order affecting the licensee is not a "disciplinary action" for the purposes of publication and notice on the licensee lookup.

(3) A final order of license denial based solely upon an applicant's failure to meet minimum licensure qualifications and not based on competence to practice issues or involving the applicant's past disciplinary or legal actions is not a "disciplinary action" for the purposes of publication and notice on the licensee lookup.

(1) The following criteria shall apply to determine whether an applicant's criminal conviction is related to the public health, welfare, and safety as it applies to the occupation:

(a) whether the occupation would offer the opportunity for the commission of the offense or similar offense;

(b) the vulnerability of the population served by the occupation to become victims of the offense or similar offense;

(c) the facts and circumstances of the conduct surrounding the offense; or

(d) other reasonable demonstration of relatedness.

(2) The following criteria shall apply to determine if the applicant, even while serving supervised release, is insufficiently rehabilitated to warrant the public trust:

(a) commission of multiple offenses;

(b) revocation or correctional intervention of the applicant's probation, parole, or conditional release;

(c) unsatisfied court-ordered conditions;

(d) lack of candor, misrepresentation, or omission in disclosing the offense or circumstances of the offense;

(e) statements that demonstrate lack of remorse or accountability for the conduct;

(f) unless good cause exists, failure to maintain education, training, or employment on at least a part-time basis; or

(g) other credible evidence of insufficient rehabilitation.

(3) The board shall, unless the conviction is exempt from board review as provided by this rule, determine whether enough time has passed since the applicant's conviction, release from incarceration, or discharge of sentence to evaluate rehabilitation given the nature and circumstances of the offense.

(4) An applicant will not be required to report:

(a) arrests that did not result in the above outcomes;

(b) convictions (juvenile adjudications) received when under 18, unless convicted as an adult; or

(c) misdemeanor driving violations, including driving under the influence, if sentenced more than five years before the application date.

(5) Unless board rule provides otherwise, authorized staff may determine there is no evidence of lack of rehabilitation and issue a license to an otherwise qualified applicant who meets the following criteria:

(a) Nonviolent misdemeanor convictions if the conviction date is more than two years before the application date, unless the applicant is still in custody due to the conviction.

(b) Nonviolent felony convictions if the conviction date is more than five years before the application date, unless the applicant is still in custody due to the conviction.

(6) Unless board rule provides otherwise, all violent misdemeanor or felony convictions and any nonviolent misdemeanor and nonviolent felony convictions not included in (5) must be reviewed by the board as nonroutine applications.

(7) Notwithstanding the screening criteria in (5)(a) and (b), staff may require board review of applicants who engaged in egregious conduct implicating risks to public safety.

This rule has been repealed.

(a) A suspended license must be renewed in accordance with ARM 24.101.413 or the license will proceed to expire or terminate.

(2) If the license has not been renewed, the license shall be considered a lapsed, expired, or terminated license.

(a) A lapsed license may be reactivated within 45 days of the renewal date by submitting the required, completed renewal information and paying the required fees.

(b) Licenses not renewed within 45 days from the renewal date automatically expire. An expired license may be reactivated within two years of the renewal date by submitting the required, completed renewal information and paying the required fees.

(c) Licenses not renewed within two years from the renewal date automatically terminate. A terminated license may not be reactivated. A new original license must be obtained by completing the current requirements for a new application, including successfully passing the licensing examination if applicable.

(3) A licensee whose license has lapsed or expired, may not apply for a new license. A licensee must renew the license if it has lapsed or expired. All renewal requirements must be met and fees paid in order for a lapsed or expired license to be renewed. A new original license will be issued to a licensee whose license has terminated, provided all licensing requirements are met.

(4) A licensee who practices while a license is lapsed is not considered to be practicing without a license.

(5) A licensee who practices after a license has expired is considered to be practicing without a license and is subject to discipline provided by statute or rule.

(6) A former licensee who practices after a license is terminated is considered to be practicing without a license and is subject to cease and desist or a district court restraining order.

(1) Specific procedures and grace periods for renewal are set by department or board rule, or statute applicable to a particular profession, or 37-1-141, MCA. Such procedures shall take account of, and be based upon, the renewal dates in this rule. An existing license ends on the renewal date specified for each profession and occupation listed and must be renewed on or before this date.

(2) If a timely and sufficient application is submitted on or prior to such date, the applicant's continued practice is governed under 2-4-631, MCA. In order for an application to be timely and sufficient it must be:

(a) completed with truthful information;

(b) accompanied by other required information or documentation as applicable;

(c) accompanied by the appropriate fee; and

(d) submitted so that it bears a U.S. Postal Service post mark prior to or on the renewal date for the applicable profession; or

(e) submitted by using the online renewal service available on the department's website. Although the department strives to keep its website accessible at all times, licensees should be aware that the website may be unavailable during some periods, due to system maintenance or technical problems, and that a person's technical difficulties in accessing the online renewal service do not excuse late renewals;

(i) online renewal transactions must be fully completed prior to midnight Mountain time on the renewal date.

(3) If the requirements of this rule are not met, a late penalty fee as specified in ARM 24.101.403 will be required in order to renew.

(4) The provisions of ARM 24.101.408 and 24.101.414 are applicable to all license renewals.

(5) The following are renewal dates for the professions and occupations listed:

	BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(a)	Alternative Health Care	Naturopathic Physician	Annually	April 30
		Naturopathic Physician - Childbirth	Annually	April 30
		Direct-entry Midwife	Annually	April 30
		Direct-entry Midwife Apprentice	Annually	April 30
(b)	Architects	Architects	Annually	June 30

	BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(c)	Athletics	Boxer, Club	Nonrenewable, must reapply. License expires June 30.
		Boxer, Professional	Nonrenewable, must reapply. License expires June 30.
		Boxer, Semi-Professional	Nonrenewable, must reapply. License expires June 30.
		Cornerperson/Second	Nonrenewable, must reapply. License expires June 30.
		Judge	Nonrenewable, must reapply. License expires June 30.
		Kickboxer	Nonrenewable, must reapply. License expires June 30.
		Knockdown Judge	Nonrenewable, must reapply. License expires June 30.
		Manager/Trainer	Nonrenewable, must reapply. License expires June 30.
		Minimum Kicking Requirements Official	Nonrenewable, must reapply. License expires June 30.
		Promoter/Matchmaker	Nonrenewable, must reapply. License expires June 30.
		Referee	Nonrenewable, must reapply. License expires June 30.
		Wrestler, Professional	Nonrenewable, must reapply. License expires June 30.
		Wrestler, Semi-Professional	Nonrenewable, must reapply. License expires June 30.
(d)	Athletic Trainers	Athletic Trainers	Annually	August 31

	BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(e)	Barbers and Cosmetologists	Barber	Biennially	March 1
		Barber Shop	Annually	July 1
		Barber School or College	Annually	March 1
		Barbering Instructor	Biennially	March 1
		Booth Rental	Annually	July 1
		Cosmetologist	Biennially	March 1
		Electrologist	Biennially	March 1
		Esthetician	Biennially	March 1
		Instructor	Biennially	March 1
		Manicurist	Biennially	March 1
		Salon	Annually	July 1
		School or Course	Annually	March 1
(f)	Boiler Operating Engineers	Agriculture Class Boiler Engineer	Annually	April 1
		First Class Boiler Engineer	Annually	April 1
		Low Pressure Boiler Engineer	Annually	April 1
		Second Class Boiler Engineer	Annually	April 1
		Third Class Boiler Engineer	Annually	April 1
		Traction Boiler Engineer	Annually	April 1
(g)	Chiropractors	Chiropractors	Annually	September 1

	BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(n)	Funeral Service	Crematory	Annually	July 1
		Crematory Operator	Annually	July 1
		Crematory Technician	Annually	July 1
		Mortician	Annually	July 1
		Mortuary	Annually	July 1
		Mortuary Branch Facility	Annually	July 1
(o)	Hearing Aid Dispenser	Hearing Aid Dispenser	Annually	June 30
(p)	Landscape Architects	Landscape Architects	Annually	June 30
(q)	Licensed Addiction Counselors	Licensed Addiction Counselor	Annually	June 30
(r)	Massage Therapy	Licensed Massage Therapist	Annually	August 31
(s)	Medical Examiners	Acupuncturist	Biennially	October 31
		Emergency Medical Technician	Biennially	March 31
		Nutritionist	Biennially	October 31
		Physician	Biennially	March 31
		Physician Assistant	Biennially	October 31
		Podiatrist	Biennially	October 31
		Telemedicine Practitioners	Biennially	March 31

	BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(t)	Nursing	Clinical Nurse Specialist	Biennially, Even Numbered Years	December 31
		Nurse Anesthetist	Biennially, Even Numbered Years	December 31
		Nurse Midwife	Biennially, Even Numbered Years	December 31
		Nurse Practitioner	Biennially, Even Numbered Years	December 31
		APRN Prescriptive Authority	Biennially, Even Numbered Years	December 31
		Practical Nurse - Licensed	Biennially, Even Numbered Years	December 31
		Professional Nurse -Registered	Biennially, Even Numbered Years	December 31
		Medication Aide	Annually	March 31
(u)	Nursing Home Administrators	Nursing Home Administrator	Annually	December 31
(v)	Occupational Therapy Practice	Occupational Therapist	Annually	June 15
		Occupational Therapist Assistant	Annually	June 15
(w)	Optometry	Optometrist	Annually	July 2
(x)	Outfitters	Outfitter Professional Guide Guide	Annually Annually Annually	December 31 December 31 December 31

  

	BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(y)	Pharmacy	Dangerous Drug License	Annually	November 30
		Mail Order Pharmacy	Annually	November 30
		Pharmacist	Annually	June 30
		Pharmacy	Annually	November 30
		Pharmacy Technician	Annually	June 30
		Pharmacy Technician in Training	Nonrenewable
		Pharmacy Technician Utilization Plan	Annually	November 30
		Telepharmacies	Annually	November 30
		Wholesale Drug Distributor	Annually	November 30
(z)	Physical Therapy Examiners	Physical Therapist	Annually	April 1
		Physical Therapist Assistant	Annually	April 1
		Journeyman Plumber	Annually	September 1
(aa)	Plumbers	Master Plumber	Annually	September 1
		Medical Gas Endorsement	Annually	September 1

	BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(ab)	Private Alternative Adolescent Residential or Outdoor Programs	Program	Annually	June 30
(ac)	Private Security Patrol Officers and Investigators	Contract Security Company	Annually	March 1
		Electronic Security Company	Annually	March 1
		Proprietary Security Organization	Annually	March 1
		Branch Office	Annually	March 1
		Private Investigator	Annually	March 1
		Private Investigator Trainee	Annually	March 1
		Resident Manager	Annually	March 1
		Qualifying Agent	Annually	March 1
		Security Guard	Annually	March 1
		Alarm Installer	Annually	March 1
		Alarm Response Runner	Annually	March 1
		Firearms Instructor	Annually	March 1
		Armed Status	Annually

 

BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(ad)	Professional Engineers and Professional Land Surveyors	Certificate of Authorization	Annually	October 1
		Emeritus Status
		Engineer Intern	Biennially, as of June 30, 2015	June 30
		Land Surveyor Intern	Biennially, as of June 30, 2015	June 30
		Professional Engineer	Biennially, Even Numbered Years	June 30
		Professional Engineer by Comity	Biennially, Even Numbered Years	June 30
		Professional Land Surveyor	Biennially, Even Numbered Years	June 30
		Professional Land Surveyor by Comity	Biennially, Even Numbered Years	June 30
(ae)	Psychologists	Psychologist	Annually	December 31
(af)	Public Accountants	Certified Public Accountant	Annually	December 31
		Licensed Public Accountant	Annually	December 31
		Firm Registration	Annually	December 31
(ag)	Radiologic Technologists	Limited Permit X-Ray Procedures	Annually	February 1
		Radiologic Technologists	Annually	February 1

	BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(ah)	Real Estate Appraisers	Appraisal Management Company	Annually	October 31
		General Appraiser, Certified	Annually	March 31
		General Appraiser, Certified (Out-of-State)	Annually	March 31
		Licensed Appraiser	Annually	March 31
		Mentor
		Residential Appraiser, Certified	Annually	March 31
		Residential Appraiser, Certified (Out-of-State)	Annually	March 31
		Trainee	Annually	March 31
(ai)	Realty Regulation	Property Manager	Annually	October 31
		Real Estate Broker	Annually	October 31
		Real Estate Salesperson	Annually	October 31
		Timeshare Salesperson	Annually	October 31
(aj)	Respiratory Care Practitioners	Respiratory Care Practitioners	Annually	May 1
(ak)	Sanitarians	Sanitarians	Annually	June 30
(al)	Social Workers and Professional Counselors	Professional Counselor - Clinical	Annually	December 31
		Social Worker - Clinical	Annually	December 31
		Marriage and Family Therapist	Annually	December 31

	BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(am)	Speech-Language Pathologists and Audiologists	Audiologist	Annually	February 1
		Audiologist Aide*	Annually* Aides are not license type and do not renew, but must be registered by supervising licensee.	October 31
		Speech-Language Pathologist	Annually	February 1
		Speech-Language Pathologist Aide*	Annually* Aides are not license type and do not renew, but must be registered by supervising licensee.	October 31
		Active Temporary Speech Pathologist or Audiologist	Nonrenewable Two-year license
(an)	State Electrical Board	Electrical Contractor	Biennially, Even Numbered Years	July 15
		Journeyman Electrician	Biennially, Even Numbered Years	July 15
		Master Electrician	Biennially, Even Numbered Years	July 15
		Residential Electrician	Biennially, Even Numbered Years	July 15

	BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(ao)	Veterinary Medicine	Euthanasia Agency	Annually	May 30
		Embryo Transfer Technician	Annually	November 1
		Euthanasia Technician	Annually	May 30
		Veterinarian	Annually	November 1

 

(6) The following are nonrenewable licenses:

(a) temporary licenses issued by a licensing entity unless that licensing entity's rules provide otherwise;

(b) fireworks wholesalers;

(c) real estate appraiser mentors;

(d) pharmacy technicians in training;

(e) active temporary speech pathologists and audiologists;

(f) land surveyor intern, engineer intern, emeritus status license issued by the Board of Professional Engineers and Professional Land Surveyors;

(g) all licenses issued by the Board of Athletics end on June 30 of each year and the licensee must reapply; and

(h) electrical contractor licenses issued by the State Electrical Board end on July 15 biennially and the licensee must reapply.

(7) The specific date by which each individual licensee is required to renew by can be obtained by contacting the licensing entity's office or by using the licensee lookup system available on the department's web site.

(1) Specific procedures and grace periods for renewal are set by department or board rule, or statute applicable to a particular profession, or 37-1-141, MCA. Such procedures shall take account of, and be based upon, the renewal dates in this rule. An existing license ends on the renewal date specified for each profession and occupation listed and must be renewed on or before this date.

(2) If a timely and sufficient application is submitted on or prior to such date, the applicant's continued practice is governed under 2-4-631, MCA. In order for an application to be timely and sufficient it must be:

(a) completed with truthful information;

(b) accompanied by other required information or documentation as applicable;

(c) accompanied by the appropriate fee; and

(d) submitted so that it bears a U.S. Postal Service post mark prior to or on the renewal date for the applicable profession; or

(e) submitted by using the online renewal service available on the department's website. Although the department strives to keep its website accessible at all times, licensees should be aware that the website may be unavailable during some periods, due to system maintenance or technical problems, and that a person's technical difficulties in accessing the online renewal service do not excuse late renewals;

(i) online renewal transactions must be fully completed prior to midnight Mountain time on the renewal date.

(3) If the requirements of this rule are not met, a late penalty fee as specified in ARM 24.101.403 will be required in order to renew.

(4) The provisions of ARM 24.101.408 and 24.101.414 are applicable to all license renewals.

(5) Renewals for medical practitioners, as defined in 37-2-101, MCA, who also have a dispenser registration through the Board of Pharmacy, pursuant to 37-2-104, MCA, and ARM 24.174.1801, will renew their dispenser registration at the time of renewing their medical practitioner's license.

(6) The following are renewal dates for the professions and occupations listed:

(7) The following are nonrenewable licenses:

(a) temporary licenses issued by a licensing entity unless that licensing entity's rules provide otherwise;

(b) fireworks wholesalers;

(c) real estate appraiser mentors;

(d) pharmacist intern;

(e) limited speech-language pathologists.

(8) The specific date by which each individual licensee is required to renew by can be obtained by contacting the licensing entity's office or by using the licensee lookup system available on the department's web site. 

(1) Specific procedures and grace periods for renewal are set by department or board rule, or statute applicable to a particular profession, or 37-1-141, MCA. Such procedures shall take account of, and be based upon, the renewal dates in this rule. An existing license ends on the renewal date specified for each profession and occupation listed and must be renewed on or before this date.

(2) If a timely and sufficient application is submitted on or prior to such date, the applicant's continued practice is governed under 2-4-631, MCA. In order for an application to be timely and sufficient it must be:

(a) completed with truthful information;

(b) accompanied by other required information or documentation as applicable;

(c) accompanied by the appropriate fee; and

(d) submitted so that it bears a U.S. Postal Service post mark prior to or on the renewal date for the applicable profession; or

(e) submitted by using the online renewal service available on the department's website. Although the department strives to keep its website accessible at all times, licensees should be aware that the website may be unavailable during some periods, due to system maintenance or technical problems, and that a person's technical difficulties in accessing the online renewal service do not excuse late renewals;

(i) online renewal transactions must be fully completed prior to midnight Mountain time on the renewal date.

(3) If the requirements of this rule are not met, a late penalty fee as specified in ARM 24.101.403 will be required in order to renew.

(4) The provisions of ARM 24.101.408 and 24.101.414 are applicable to all license renewals.

(5) Renewals for medical practitioners, as defined in 37-2-101, MCA, who also have a dispenser registration through the Board of Pharmacy, pursuant to 37-2-104, MCA, and ARM 24.174.1801, will renew their dispenser registration at the time of renewing their medical practitioner's license.

(6) The following are renewal dates for the professions and occupations listed:

(7) The following are nonrenewable licenses:

(a) temporary licenses issued by a licensing entity unless that licensing entity's rules provide otherwise;

(b) fireworks wholesalers;

(c) real estate appraiser mentors;

(d) pharmacist intern;

(e) limited speech-language pathologists.

(8) The specific date by which each individual licensee is required to renew by can be obtained by contacting the licensing entity's office or by using the licensee lookup system available on the department's web site. 

(1) An existing license ends on the renewal date specified for each profession and occupation listed and must be renewed on or before this date, or the license will lapse, expire, and terminate per 37-1-141, MCA.

(2) If a timely and sufficient application is submitted before the renewal date, the applicant's continued practice is governed under 2-4-631, MCA. A timely and sufficient application must be:

(a) completed;

(b) accompanied by other required information or documentation as applicable;

(c) accompanied by the appropriate fee; and

(d) submitted so that it bears a U.S. Postal Service post mark prior to or on the renewal date for the applicable profession; or

(e) submitted by using the online renewal service available on the department's website before 11:59 p.m. Mountain time on the renewal date.

(3) If the requirements of this rule are not met, a late penalty fee as specified in ARM 24.101.403 is required.

(4) Renewals for medical practitioners, as defined in 37-2-101, MCA, who also have a dispenser registration through the Board of Pharmacy, pursuant to 37-2-104, MCA, and ARM 24.174.1801, will renew their dispenser registration at the time of renewing their medical practitioner's license.

(5) The following are renewal dates for the professions and occupations listed:

 

	BOARD OR PROGRAM JURISDICTION	LICENSE CATEGORY	FREQUENCY	RENEWAL DATE
(a)	Alternative Health Care	Acupuncturist	Biennially	October 31
		Naturopathic Physician	Annually	April 30
		Naturopathic Physician - Childbirth	Annually	April 30
		Direct-entry Midwife	Annually	April 30
		Direct-entry Midwife Apprentice	Annually	April 30
(b)	Architects	Architects	Annually	June 30
(c)	Athletic Trainers	Athletic Trainers	Annually	August 31

(6) The following are nonrenewable licenses:

(a) temporary licenses issued by a licensing entity unless that licensing entity's rules provide otherwise;

(b) fireworks wholesalers;

(c) real estate appraiser mentors;

(d) pharmacist intern;

(e) limited speech-language pathologists.

(7) The specific date by which each individual licensee is required to renew by can be obtained by contacting the licensing entity's office or by using the licensee lookup system available on the department's web site. 

This rule has been repealed.

(1) As provided in 10-3-118, MCA, a volunteer professional may practice in Montana when a state of emergency or disaster, as defined in 10-3-103, MCA, is in effect.

(2) A volunteer professional may accept remuneration for services provided during a state of emergency or disaster as a volunteer professional.

(3) A professional volunteer shall successfully register with the appropriate licensing agency in Montana. To register, a volunteer professional shall hold an active, unrestricted license in another state.

(4) An applicant for registration shall submit a completed, signed department registration application form, to include the:

(a) applicant's full name;

(b) applicant's complete mailing address;

(c) applicant's e-mail address;

(d) applicant's correct social security number;

(e) applicant's birth date;

(f) title and type of each professional license currently held;

(g) state or states in which the applicant holds a professional license;

(h) an affirmation that the applicant currently holds an active, unrestricted license in another state(s); and

(i) an affirmation that the statements contained in the form are true and accurate to the best of the applicant's knowledge.

(5) A volunteer professional must practice within the scope and standards of the professional's license and in compliance with the licensing statutes and administrative rules of Montana governing the profession.

(6) A volunteer professional is subject to administrative sanctions for unprofessional conduct as described in 37-1-316, MCA, and the specific professional licensing board's administrative rules.

(7) A volunteer professional is exempt from continuing education requirements for the state of Montana.