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This is an obsolete version of the rule. Please click on the rule number to view the current version.

24.201.2411    ENFORCEMENT PROCEDURES - INVESTIGATIONS

(1) The board may designate any person not a board member to serve as the enforcement coordinator to conduct or coordinate an investigation. During the investigative process, the report of the enforcement coordinator or designated investigator, the testimony and documents gathered in the investigation and the pendency of the investigation shall be treated as confidential information by the board and its designees, and shall not be disclosed except to the extent deemed necessary in order to conduct the investigation or in compliance with 37-1-135 , MCA, for the public's right to know provided by Article II, section 9 of the Montana Constitution.

(2) The board may request assistance from permit holders having appropriate experience and competence to review reports submitted by the positive enforcement coordinator, or submitted under the profession monitoring rules of subchapter 11, in the determination of reasonable cause for the board to initiate disciplinary proceedings.

History: 37-1-136, 37-1-319, 37-50-203, MCA; IMP, 37-1-136, 37-1-316, 37-1-319, MCA; NEW, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1986 MAR p. 1500, Eff. 9/12/86; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668.

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