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24.153.2101    RENEWALS

(1) Renewal application forms will be sent to the licensee's address on file in the board office approximately 8-12 weeks prior to the renewal deadline of June 30. Failure to receive a renewal application form in no way releases the licensee from the obligation to renew prior to the expiration date of the license.

(2) The board finds that the nation relies on members of the national guard and the reserve branches of the armed forces for the nation's security, and that the members of the national guard and reserve forces are subject to call to active duty on short notice. In consideration of that service to the nation, the board finds that it is appropriate to defer the licensing renewal obligations of such individuals called to active duty status, provided that the individual is not required by the armed forces to maintain current professional or occupational licensing as a condition of serving in the armed forces.

(a) A person in the military service of the United States and who is in an active duty status, as defined by the Soldiers' and Sailors' Civil Relief Act, upon submission of appropriate evidence, is entitled to the following privileges:

(i) The person is not required to timely pay a renewal fee for license renewal that comes due while the person is in active duty status. The renewal fee is payable within six months following the person's discharge from active duty status. Unless otherwise relieved from the renewal application requirements, the person must timely apply for license renewal.

(ii) If the person provides proof to the board of the person's active duty status before the person's license expires, the person is relieved from having to timely submit a renewal application and any related documents or information during the period while the person is on active duty status. The person has six months following the person's discharge from active duty status to submit to the board such renewal applications and any related documents or information that came due during the period of the person's active duty status.

(b) In order to gain the benefits of this rule, the person must provide the board with proof of active duty status, including the date upon which the person was called to active duty status. The board may require the licensee to periodically provide information to the board regarding the person's active duty status or the date of the person's discharge from active duty status.

(c) A license that has not lapsed continues in the same status as existed the day before the person was called to active duty status, and remains in that status until the person renews the license or six months have elapsed from the person's discharge from active duty status, whichever comes first.

History: 37-1-131, 37-66-202, MCA; IMP, 37-1-131, 37-66-307, MCA; NEW, Eff. 2/5/76; AMD, Eff. 4/5/76; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1983 MAR p. 344, Eff. 4/28/83; AMD, 1988 MAR p. 167, Eff. 1/29/88; AMD, 1994 MAR p. 1579, Eff. 6/10/94; AMD, 1997 MAR p. 35, Eff. 1/17/97; TRANS, from Commerce, 2002 MAR p. 1498; AMD, 2002 MAR p. 3151, Eff. 11/15/02.

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