24.180.2301    UNPROFESSIONAL CONDUCT

(1) The following conduct is deemed by the board to be unprofessional conduct:

(a) failing to timely correct violations of the Montana State Building Code, which is provided for in Title 50, chapter 60, MCA. Whether a violation has been timely corrected must be determined in light of the seriousness of the violation and all other factors deemed relevant by the board;

(b) being adjudicated under Title 39, MCA, by the court or agency having jurisdiction as having violated any workers' compensation, unemployment insurance, or independent contractor law in Montana, while working in the field of plumbing;

(c) failing to comply with the continuing education requirements set forth in ARM Title 24, chapter 180;

(d) violating any requirement found in Title 37, chapters 1 or 69, MCA, or ARM Title 24, chapters 101 or 180;

(e) being found guilty or admitting to sufficient facts in relation to, or pleading guilty or nolo contendre to a crime in any jurisdiction, whether felony or misdemeanor, regardless of adjudication or sentence, that relates to the practice of plumbing or the ability to safely and effectively practice plumbing, including, but not limited to, violations of any state or federal laws or regulations regarding plumbing;

(f) aiding or abetting a person to engage in conduct amounting to unprofessional conduct;

(g) failing to respond to the board or the department within 30 days of the date when a correspondence has been mailed to the current address of the licensee on file with the board;

(h) allowing false or misleading advertising in relation to the licensee's business as it relates to the field of plumbing;

(i) engaging in a commercial activity that conflicts with responsibility to clients or to other licensees or apprentices; and

(j) failing or refusing to provide the board verification of an employee's hours worked in the employ of the licensee when the request for verification is made for purposes of licensure.

(2) Upon a finding of unprofessional conduct as defined in (1), determined in accordance with the Montana Administrative Procedure Act, the board may impose sanctions, including, but not limited to, those allowed pursuant to 37-1-136 and 37-1-312, MCA; any additional cost or expense incurred by a licensee as a result of a sanction is the burden of the licensee. As additional forms of sanction, and without limiting the availability of any other sanction allowed by law, the board may:

(a) require a specific ratio among the different types of licensees who are in the employment of a disciplined licensee;

(b) require a specific ratio among the different types of licensees among whom a disciplined licensee is allowed to work;

(c) require supervision or additional inspections; and

(d) limit the licensee's scope of practice.

History: 37-1-131, 37-1-136, 37-1-319, 37-69-202, MCA; IMP, 37-1-131, 37-1-316, 37-1-319, MCA; NEW, 2012 MAR p. 1635, Eff. 8/10/12; AMD, 2014 MAR p. 974, Eff. 5/9/14.