Board Information

Due to the evolving COVID-19 situation in Montana, all Montana Department of Labor & Industry offices are closed to the public to protect the health and safety of our clients and staff.  Our services are available through remote delivery.  We are available to assist customers through our online public portal at EBIZ.MT.GOV/POL (Professional and Occupational Licenses) and EBIZ.MT.GOV (for Permits). For other services, please contact us via email at DLIBSDWEBHELP@MT.GOV or by phone (406) 841-2300.

 

Click here for information regarding the COVID-19 Emergency Healthcare Registration

Prescribing and Dispensing Chloroquine and Hydroxychloroquine During the COVID-19 Pandemic

 

Welcome to the Montana Board of Dentistry Website!

The Board of Dentistry makes every effort to include on this website all relevant and timely information regarding licensure and regulation of dentists, dental hygienists, and denturists in Montana.

Please choose from the board information topics to the left.

For additional assistance and specific staff contact information please see the "Contact Information" link to the left.

For general questions regarding licensure, please contact customer service at dlibsdhelp@mt.gov or (406) 444-6880

 

COVID-19/Current News

(1) At its June 5, 2020 board meeting the board made multiple changes for initial licensure affecting all licensure types. Each of those changes requires revision of/adoption of rules. This process reuires time and public input, while staff will be striving to get the changes adopted as soon as possible. Contacting our office will not expedite the process. As always, the board website will contain up to date information and notices for you to follow. We appreciate your patience as these rules are put into place. 

(2) The board has fielded a number of calls regarding Coronavirus/COVID-19 and the use of PPE, specifically masks. The board maintains ARM 24.138.418, which can be found here. The rule directs licensees to the Centers for Disease Control and Prevention recommendations. It is up to each licensee to use their own professional judgment in reviewing and complying with board rules and statutes. Please use best practices when deciding how to use PPE under current circumstances as well as in the operation of your businesses. You may also wish to consult the CDC website and its FAQ's on respirator use found here. Additional healthcare provider guidelines can be found here. While the board does not expressly endorse any associational guidelines, the American Dental Association has issued its recommendations as well for practitioners to consider. The recommendations of the ADA can be found here. Similarly the American Dental Hygienist Association has issued a statement as well, which can be found here. Updates to the CDC Dental Settings Guidelines were made on April 27, 2020 and may be found here: CDC Update. Any Questions Related to Re-Opening, should be directed to the Governor's office, further information can be found on the Joint Information Center Website

Effective immediately: All board meetings will be held by conference call.  No outside participants or stakeholders will be allowed access in the building.  Please attend by phone.

(3) New Licensees/Applicants: The board recognizes that the current pandemic has created discord in the normal application, examination, and licensure process. We are striving to address these concerns and potential roadblocks as quickly as possible; however, please understand that this will not occur overnight. The board must continue its public safety mission while adapting to daily changes occurring from the pandemic. This will take time. For now, applicants are encouraged to begin their application for licensure and to complete as much of the required information as possible. Applications remain valid for one (1) year under normal circumstances. If you submit your application and an item is missing, our licensing specialist will work with you to complete the application. We do not deny applicants for submitting an incomplete application. By completing the application’s remaining parts, exempting exams, etc., you can get ahead on the licensure process.

The board is continuing to monitor the pandemic updates will be posted on the Business Standards Main Webpage, which is linked above.  Please make sure your e-mail is up to date in our licensing records using the change address form on the right side of this web-page or e-mailing the help desk at dlibsdhelp@mt.gov

(4) The Adoption Notice for MAR 24-138-77 will be published on March 27, 2020 in the Register for the Secretary of State. You are urged to read these changes on the "Regulations-->Rule Notices" tab on the left side of this site. These changes will become effective as of March 28, 2020.

(5) On December 28, 2019, the rule changes in MAR 24-138-76 will be effective. These changes include defintions, CPR requirements, prescriptive, application changes to all three main (Dentist, Denturist, Hygienist) licensure types, continuing education, anesthesia, and examination requirements. You are urged to read these changes on the "Regulations-->Rule Notices" tab on the left side of this site.

(6) Effective October 1, 2019 pursuant to HB 86 from the 2019 Montana legislative session, all dentist licensees shall pay a $30 annual fee to the Montana Prescription Drug Registry (MPDR) upon renewal. A link to the specific law is found here. You can no longer opt out of the fee. If you renewed prior to the change in our renewal system, effective 1/8/20 and opted out of the fee, you will be contacted to comply with the statute. 

 

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Helpful Hints:

An Important Message About the Application Process: The primary communication method for the Division is email. Make sure your email address is current in the database. Also keep your preferred mailing address current. You can update your email and mailing address by clicking on the "Change Address" link under  "Quick Links" on this Board of Dentistry website, to the right of this paragraph.

Any application requiring review by the Board of Dentistry must be complete (all documents and required information received by the Board office) no later than 15 working days prior to the Board’s next meeting date. Please click on the "Board Events" link on the left to see upcoming meeting dates or check the  meeting dates in the right hand column on this web page under "Board Events" and plan accordingly. Please contact the application unit for questions specific to the application process at dlibsdhelp@mt.gov or (406) 444-6880.

Thank you.

Questions? Please click on the “Contact Information" link on the left side of the web page and select the appropriate unit for contact information.

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Contact Information

If you are already licensed, have applied for a license, are about to apply for a license, or are renewing your license from the Board of Dentistry:

Professional Licensing Customer Service:

(406) 444-6880

DLIBSDHELP@MT.GOV

 

If you have scope of practice questions or comments for the Board of Dentistry, please contact the Exeuctive Officer. Please note that the Board, nor its staff, can provide you legal advice. 

Kevin Bragg, Executive Officer

(406) 841-2390

DLIBSDDEN@MT.GOV

 

If you have questions about continuing education:

(406) 444-5696

AUDIT@MT.GOV

 

If you have questions about filing a complaint against a licensee:

(406) 841-2312

DLIBSDCOMPLAINTS@MT.GOV

 

Mailing Address:

Board of Dentistry

PO Box 200513

Helena, MT 59620-0513

 

Physical Address:

Board of Dentistry

301 S. Park Avenue

4th Floor

Helena, MT 59620

Board Events

In general, the Board meets on a quarterly basis, with interim meetings as needed.
Meeting minutes are posted within 3 days of board approval.

Board meetings are open to the public, unless there is a strict need for confidentiality as determined through state law. 


There are certain meetings or parts (Screening Panel and Executive Session), which are closed to the public.

Scheduled and Proposed Meetings

** Please note that the above link will take some time to load given the size of the Scheduled and Proposed Meetings page, please be patient**

Board Members

Board members are appointed by the Governor with Senate confirmation.
Members serve 5 year terms with no limit on the number of terms a member may serve.

Individual Board Members may be contacted by email at dlibsdden@mt.gov. In your message please specify which board member you would like to direct your contact. 

Dr. Aimee Ameline D.D.S., President, Dentist
Dr. Leslie Hayes, D.D.S., Vice President, Dentist
Jim Corson, Secretary, Public Member
Diedri Durocher, R.D.H., Dental Hygienist
Allen Casteel, LD, Denturist
Dr. Paul Sims, D.D.S., Dentist
Diane Klemann, R.D.H., Dental Hygienist
Dr. George Johnston*, D.D.S., Dentist 
Dr. Kevin Miltko, D.D.S., Dentist
Cherry Loney, Public Member

Dr. Justin Hicks, D.D.S., Dentist 

* - Effective June 8, 2020 replacing Dr. George Johnston

 

Lookup Licensed Individual

Licensee Lookup System

This site is a primary source for verification of license credentials.

The Montana Department of Labor and Industry, Business Standards Division, presents Licensee Lookup information as a service to the public. The Division relies upon information provided by licensees to be true and correct, as required by statute. It is an act of unprofessional conduct for a licensee knowingly to provide erroneous information to the Division.

The Department of Labor and Industry makes no warranty or guarantee concerning the accuracy or reliability of the content of this website. Assessing the accuracy and reliability of information obtained from this website is solely the responsibility of the user. If you have questions regarding information found within this Licensee Lookup website, please contact the specific licensing board directly.

Please note that some disciplinary actions against licensees may not appear immediately on the website. Appeals, effective dates of orders and other administrative processes may delay posting on the website. Please contact the specific licensing board directly if you require discipline information that occurred prior to July 1, 1996.

Dentist

For specific information on filing an application, you will need to obtain the application and consult the specific statute and rule requirements, which include a detailed listing of the requirements neccessary for licensure. Below is a general outline of licensing information. In addition the checklists, immediately below, are provided for your convenience:

For the Dentist by Exam checklist click here

For the Dentist by Credential checklist click here

A. Application Fee:

Examination Application Fees
Application Fee $100.00
Jurisprudence Exam $ 85.00
-
Credentialing Application Fees
Application Fee $100.00
Credentialing $500.00
Jurisprudence Exam $ 85.00
Separate fee to PBIS, see application
Volunteer Application Fee
Application Fee $5.00

Restricted Non Resident Volunteer Application Fee

Application fee $10.00

B. Education Requirements:
Graduation from an accredited CODA (Commission on Dental Accreditation) approved dental school.

C. Experience Requirements:
No experience necessary for licensure by examination.
Minimum of 5 years active practice with not less than 3,000 hours of clinical direct patient care for licensure by credentialing.

D. Examination Information:
Passage of National Board Part I and Part II (now combined)
Passage of a Board approved clinical examination. The board reviews all credentialing applications to determine licensure.

Passage of the Montana Jurisprudence Examination.

E.Renewal Period: Jan. 1 - March 1
Late Renew Online for 45 days until April 15

F.Fees: Active and Late: $306

G. Continuing Education Requirements:
60 credit hours every 3 years, as defined by statute and rule.

H. Other Special License Requirements:
Unopened National Practitioner’s Bank Self-Query forwarded to the board office.
Current CPR/ACLS/PALS for active license.
Separate application to PBIS (Professional Background Information Services) required for credentialing applicants only. PBIS will handle a majority of the required documentation for credentialing applicants. 
License verification from all state(s) or jurisdictions that the licensee has held or holds a license. This will include non-dental related licenses which you may or may not have held. 

Dental Hygiene

The following outlines general licensing information. For specific information on filing an application, you will need to obtain the application, which includes a detailed listing of the requirements.

For the Dental Hygienist application checklist by Exam click here

For the Dental Hygienist application checklist by Credential click here

A. Application Fee:

Examination Application Fees
Application Fee $100.00
Jurisprudence Exam $ 85.00
-
Credentialing Application Fees
Application Fee $100.00

Credentialing $75.00

Jurisprudence Exam $ 85.00
Volunteer Application Fee
Application Fee $5.00

Restricted Non Resident Volunteer Application Fee

Application fee $10.00

 

B. Education Requirements:
Graduation from an accredited CODA (Commission on Dental Accreditation) approved dental hygiene school.

C. Experience Requirements:
No experience necessary for licensure by examination.
Proof that the applicant has practiced dental hygiene for a minimum of 1000 hours in the two years prior to application for licensure by credentialing.

D. Examination Information:
Passage of National Board Part I and Part II
Passage of a Board approved clinical examination.

Passage of the Montana Jurisprudence Examination.

E. Renewal Period: Jan. 1 - March 1
Late Renew Online for 45 days until April 15

F. Fees: Active and Late: $140

G. Continuing Education Requirements:
36 credit hours every 3 years, as defined by statute and rule.

H. Other Special License Requirements:
National Practitioner’s Bank Self-Query (unopened, forwarded to the application unit).
Current CPR or ACLS or PALS certification for active license.

License verification from all state(s) or jurisdictions that the licensee has held or holds a license.

Denturist

The following outlines general licensing information. For specific information on filing an application, you will need to obtain the application, which includes a detailed listing of the requirements.

For the Denturist application by exam/experience checklist click here

A. Application Fees: $100.00 / Jurisprudence Exam $ 85.00

B. Education Requirements:
Documentation that the applicant has completed formal training of not less than 2 years at an educational institution accredited by a national or regional accrediting agency recognized by the Montana State Board of Regents, the curriculum of which includes courses in head and oral anatomy and physiology, oral pathology, microbiology, partial denture construction and design, clinical dental technology, radiology, dental laboratory technology, asepsis, clinical jurisprudence, and medical emergencies, including cardiopulmonary resuscitation.

C. Experience Requirements:
Documentation that the applicant has completed 1 year of internship under the direct supervision of a licensed denturist; or has 3 years of experience as a denturist under licensure in another state or Canada.

D. Examination Information:
Passage of a Board approved oral, practical and written examination. Passage of the Montana Jurisprudence Examination.

E. Renewal Period: Jan. 1 - March 1
Late Renew Online for 45 days until April 15

F.  Fees: Active and Late: $200

G. Continuing Education Requirements:
36 credit hours every 3 years, as defined by statute and rule.

H. Other Special License Requirements:
Current CPR/ACLS/PALS for active license.
License verification from all state(s) or jurisdictions that the licensee has held or holds a license.

Dental Assistant

The State of Montana does not require licensure for Dental Assistants. The Montana Board of Dentistry Administrative Rule 24.138.406    FUNCTIONS FOR DENTAL AUXILIARIES addresses permitted and not permitted functions for dental auxiliaries along with radiology requirements . It is the responsibility of the supervising dentist to ensure the dental assistant is qualified.  Dental Assistants are required to meet the requirements in board rule to expose radiographs in Montana.  If they do not meet the education/training requirements they must pass the DANB RHS written exam. The examination is administered by Dental Assisting National Board (DANB). Contact: DANB at 1-800-FOR-DANB for a radiograph exam application.

Exam Information

A Board approved clinical examination must be successfully passed. For licensure by examination, exams are valid for five years.

The Board accepts the following clinical examinations:

NOTICE: 2018 WREB AND OTHER CLINICAL EXAM INFORMATION UPDATE:

The board is in the process of updating its rules regarding what components/sections of the WREB and other Dental and Dental Hygiene clinical exams are required for licensure in Montana. Until these rules are in effect ( sometime this fall/winter as the proposed rule states “starting after January 1, 2019”), the board will accept the WREB and other clinical exams for licensure as currently administered.

CITA - Council of Interstate Testing Agencies
(919) 460-7750 www.citaexam.com

CRDTS - Central Regional  Dental Testing Service
(785) 273-0380 www.crdts.org

CDCA – THE COMMISSION ON DENTAL COMPETENCY ASSESSMENTS (FORMALLY NERB - NORTH EAST REGIONAL BOARD OF DENTAL EXAMINERS, INC) (301) 563-3300 www.cdcaexams.org (www.nerb.org)

SRTA - Southern Regional Testing Agency Inc
(757) 318-9084 www.srta.org

WREB - Western Regional Examing Board
(602) 944-3315 www.wreb.org

Application for clinical examination must be filed directly with the testing entity at the
above address. The testing entity establishes the dates and testing sites. The clinical
examination must be passed prior to making an application for licensure by examination
in the State of Montana. Exam results are valid for five years from the date of application for exam applicants.

The above testing entities are not licensing agencies

The Board also accepts clinical exams given by the following States:
California Delaware Florida Nevada
Please contact the State directly for exam results or information

Dental Hygiene License:

Clinical Exam Information:
A Board approved clinical examination must be successfully passed. For licensure by Examination, exams are valid for five years.

The Board accepts the following clinical examinations:
IMPORTANT NOTICE: If you are taking the ADEX Dental Hygiene Exam offered by one of the following testing agencies, please note that the ADEX Exam has been approved by the board, however; the board has determined you must take all sections of the ADEX Exam or any exam offered by the following testing agencies.

CITA - Council of Interstate Testing Agencies
(919) 460-7750 www.citaexam.com

CRDTS - Central Regional  Dental Testing Service
(785) 273-0380 www.crdts.org

CDCA – THE COMMISSION ON DENTAL COMPETENCY ASSESSMENTS (FORMALLY NERB - NORTH EAST REGIONAL BOARD OF DENTAL EXAMINERS, INC) (301) 563-3300 www.cdcaexams.org (www.nerb.org)

SRTA - Southern Regional Testing Agency Inc
(757) 318-9084 www.srta.org

WREB - Western Regional Examing Board
(602) 944-3315 www.wreb.org

Application for clinical examination must be filed directly with the testing entity at the
above address. The testing entity establishes the dates and testing sites. The clinical
examination must be passed prior to making an application for licensure by examination
in the State of Montana. Exam results are valid for five years.

The above testing entities are not licensing agencies

The Board also accepts clinical exams given by the following States:
California, Nevada

Please contact the State directly for exam results or information

Dental Assistants

Dental Assistants are not licensed in Montana; however they must meet certain requirements to expose radiographs. Please refer to 24.138.406    FUNCTIONS FOR DENTAL AUXILIARIES for allowable functions and radiographic requirements.The approved written radiographic examination is administered by the Dental Assisting National Board. Contact DANB at 1-800-367-3262, http://www.danb.org/  for a radiograph (Radiation, Health and Safety, RHS) exam application.

Download List of Licensees

License Download System

This service allows you to purchase complete lists of individuals, businesses, and contractors licensed with the State of Montana through the Business Standards Division.

Options include:

  • Creating a customized list of licensees by selecting board type, license type, license status, county, etc.;
  • Submitting payment for your list using a credit/debit card or registered user account
  • Downloading your list immediately, and if necessary, retrieving your list within 24-hours of purchase

Statute/Rule Information

Statutes are laws passed by the Legislature. All changes in statutes must go through the legislative process and be passed into law before they become effective. Title 37, Chapter 1, Part 3 is the Uniform Regulatory Act passed by the Legislature in 1995. All professional and occupational licensing is covered in these statutes.

Administrative Rules pertaining to dentistry practice are written and adopted by the Board of Dentistry. The Board writes rules in order to administer the laws over which the Legislature has given the Board authority. Rules can be changed by going through the rule-making procedure. They do not go through the Legislative process. The Board of Dentistry continuously reviews rules to determine needed changes.

The Administrative Rules of Montana (ARM) at this site contain what should be the same text as the official version published by the Office of the Secretary of State. There is a possibility, however, that the content may vary from the official version. In addition, the format has been changed for viewing on this web site. A copy of the official ARM in official format can be obtained from the ARM Bureau of the Office of the Secretary of State, by emailing: SOSARM@mt.gov. A web version of the ARM published by the Secretary of State can be viewed at Secretary of State's Administrative Rules of Montana.

Administrative Rules

Statutes








Rule Notices

Click here to find rules notices older than one year at the Montana Secretary of State website. MAR means Montana Administrative Register.


MONTANA ADMINISTRATIVE REGISTER (MAR) 24-101-308

In the matter of the amendment of ARM 24.101.417 registration for out-of-state volunteer professionals

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT (published May 29, 2020)

MAR 24-138-77 Final Adoption Notice:

The final notice can be found here. This notice has a publication date of March 27, 2020. The effective date is March 28, 2020. 

MAR 24-138-77 Proposal Notice:

The Board of Dentistry is proposing the following rule changes and amendments as published by the Secretary of State on January 17, 2020. Please read the notice and submit any comments you may have concerning the changes. 

In the matter of the amendment of 24.138.206 dental hygienist committee, 24.138.301 definitions, 24.138.406 functions for dental auxiliaries, 24.138.502 initial licensure of dentists by examination, 24.138.503 initial licensure of dental hygienists by examination, 24.138.2302 unprofessional conduct for denturists, and the adoption of New Rule I denturist scope of practice – dentures over implants

Notice of Public Hearing on Proposed Amendments and Adoption

----------------------------------------------------------------------------------------------------------

MAR 24-138-76 Final Adoption Notice:

The final notice can be found here. This notice has a publication date of December 27, 2019. The effective date is December 28, 2019.  

MAR 24-138-76 Proposal Notice:

In the matter of the amendment of ARM 24.138.301 definitions, 24.138.402 fees, 24.138.403 mandatory certification, 24.138.406 dental auxiliary functions, 24.138.419 dental hygienist limited prescriptive authority, 24.138.502 dentist license by examination, 24.138.503 dental hygienists license by examination, 24.138.505 dentist license by credentials, 24.138.506 dental hygienist license by credentials, 24.138.507 dentist specialist license by credentials, 24.138.508 dental hygiene local anesthetic certification, 24.138.509 dental hygiene limited access permit, 24.138.511 denturist license requirements, 24.138.512 denturist internship, 24.138.514 converting inactive to active status, 24.138.525 reactivation of expired license, 24.138.2105 reporting procedures, 24.138.2301 dentist and dental hygienist unprofessional conduct, 24.138.2302 denturist unprofessional conduct, 24.138.3223, 24.138.3225, and 24.138.3229 anesthesia standards and continuing education; the adoption of New Rule I approved clinical exam criteria for dentists and dental hygienists, New Rule II denturist scope of practice – dentures over implants; and the repeal of 24.138.510 denturist examination

 

Complaint Information

In order to meet its mission, the Board is charged with taking appropriate action for unprofessional, incompetent, or unlawful practice. You can learn more about the complaint process or file a complaint below.

For a complaint form, click here.

For a brochure on the complaint process, click here.

(Both also are found in the "Forms" tab among "General Forms.")

Additional information can be found under the “FAQ” tab.

Complaint Contact

Lavelle Potter, Compliance Specialist
Telephone: (406) 841-2312
E-mail: dlibsdcomplaints@mt.gov

 

 

 

How to File a Complaint

The Department is charged with regulating professions and occupations for the protection of the public as a whole. Although the Department does not represent individuals filing complaints, the Department will review complaints in a timely manner to ensure a complaint is processed and that the Board will take appropriate action.

The length of time for resolution of a complaint is impossible to estimate due to the various complexities presented in individual complaints.

The following types of complaints may be filed:

  • Unprofessional conduct by a licensee;
  • Unprofessional conduct by a license applicant;
  • Unlicensed practice of the profession or occupation.

If an individual is unsure of what constitutes unprofessional conduct and needs a description of the various types, reference to Montana statutes and rules will provide an answer. These are found at your local public library or at the appropriate board site on this web page.

Drop Off or Mail to:
"Name of the Board or Program the complaint pertains to"
Business Standards Division
301 South Park, 4th Floor
PO Box 200514
Helena, MT 59620-0514

The Complaint Process

Business Standards Division

This process is used for the Boards that are administered in the Business Standards Division. 
The various Programs administered in the Division use a similar process.

Frequently Asked Questions about Complaint Process

IMPORTANT

When filing or responding to a complaint, be as thorough as possible. You may attach additional documents to the complaint form to ensure that all pertinent information has been included. The Screening Panel meeting is NOT a hearing, but is a time for the panel to consider the complaint and response. Attendance is your choice. If you attend the panel may ask additional questions. Please notify this office prior to the meeting if you plan to attend.

After a complaint has been filed against a licensed individual...

The Compliance Office will send a letter of acknowledgment to the person who filed the complaint (Complainant), and a letter requesting a response (with a copy of the complaint) to the licensee against whom the complaint was filed.

The Licensee may submit a written response addressing the complaint to the Compliance Office. The process continues whether or not a response is submitted. The Complainant is not entitled to a copy of the response.

The Compliance Office will notify the Licensee and Complainant regarding the date and time of any meeting during which the case will be discussed.

Complaints remain confidential unless a Notice of Proposed Board Action is issued, which is a public document along with all subsequent legal filings.

MEETINGS 
Closed Meeting - During a Closed Meeting only the Licensee, the Complainant, and/or attorneys for either can be in attendance. Minutes of Closed Meetings are not public documents.

Open Meeting - A public meeting which anyone can attend. The minutes of Open meetings are public documents and made available online via the specific Board’s webpage.
(Adjudication Panel meetings are usually open.)

Individuals may attend a meeting in person or by telephone. Please notify this office prior to the meeting if you plan to attend the meeting.

SCREENING PANEL

Screening PanelA committee comprised of members of the Board. The Screening Panel’s function is to determine the preliminary action(s) to take on a complaint. Possible preliminary actions include dismissal, investigation, or a finding of Reasonable Cause.

The complaint and response (if any) are submitted to the Screening Panel members. The Screening Panel meeting is not a hearing, but rather a committee meeting to review and discuss the complaint and response to determine if disciplinary action is warranted.

DISMISSAL

If the Screening Panel dismisses a complaint, the complaint can be dismissed with or without prejudice (see definitions below).

Dismissal With Prejudice - The complaint is dismissed and cannot be considered by the Screening Panel in the future.

Dismissal Without Prejudice - The complaint is dismissed but may be considered by the Screening Panel in the future if there are ever allegations of a similar nature.

INVESTIGATION

Only a member of the Screening Panel can request an investigation of a complaint. If an investigation is requested by the Screening Panel, the case is assigned to an investigator who may request an interview with the Licensee, the Complainant, and/or other individuals. Upon completion of the investigation, a written report is submitted to the Screening Panel, which will then determine if there is Reasonable Cause to proceed with disciplinary action.

REASONABLE CAUSE

Reasonable Cause - A finding by the Screening Panel that evidence exists that a violation of statutes and rules has occurred which warrants proceeding with disciplinary action.

If Reasonable Cause is found, the Department Counsel issues a Notice of Proposed Board Action (Notice) to the Licensee. Once a Notice is issued, it is public information. A proposed Stipulation may be included with the Notice.

Notice - A legal document from the Department’s Legal Counsel which sets forth the Department’s factual assertions, the statutes or rules relied upon, and advising the licensee of the right to a hearing.

Stipulation - A tentative agreement for settlement of the case. A Stipulation is not finalized until approved by the Adjudication Panel. 

The Licensee may either sign the Stipulation or contest the proposed action by requesting an administrativeHearing (a legal process before a Hearing Examiner). If the Licensee wishes to request a hearing, written request must be received within twenty (20) days from receipt of the Notice. Failure to either sign a Stipulation or request a hearing within twenty (20) days may result in the issuing of a Final Order of Default against the licensee.

Default - the licensee’s acceptance of the disciplinary action demonstrated by failing to participate in the process

ADJUDICATION PANEL

Adjudication Panel - A committee comprised of members of the Board who are  NOT on the Screening Panel. The Adjudication Panel determines the final outcome of a case.

The Adjudication Panel reviews the record to determine appropriate sanctions. A Final Order is issued by the Adjudication Panel, completing the complaint process.

COMPLAINT PROCESS FLOW

1

Current license status and information regarding disciplinary action(s) against
a licensee can be accessed online at:
https://ebiz.mt.gov/pol/

Unlicensed Practice Complaint Process

Department of Labor & Industry - Business Standards Division

PO Box 200513, Helena, MT 59620-0513

When a complaint or other information is received alleging possible unlicensed practice...

  • (If the allegation is not made in the form of a formal written complaint, a complaint form is completed by the Department and a complaint number is assigned.)
  • A copy of the complaint and a request for a written response are mailed to the person against whom the complaint was filed (Respondent).
  • A written acknowledgment that the complaint has been received is mailed to the person who filed the complaint (Complainant)
  • The respondent may submit a letter of response to the complaint. If a written response is not submitted, the complaint process continues without a response.
  • The complainant and the respondent are sent written notification of the date, time, and location of any meeting at which the complaint will be discussed.

The Board Meeting

  • Unlicensed Practice complaints are addressed by the Full Board in executive session (meaning closed to the public). Board meetings are open to the public unless the chairperson determines an individual’s right to privacy outweighs the public’s right to know. If so, that portion of the meeting will be closed to the public (only the respondent, complainant, and legal counsel for each (if any) may be present).
  • The complaint and response (if any) are provided to the board members prior to an upcoming board meeting for their review. The board meeting is not a hearing, but rather a meeting at which the information provided is considered and discussed by the board.

DISMISSAL

  • If the board dismisses a complaint, the complaint can be dismissed with or without prejudice.
  • Dismissal With Prejudice-The complaint is dismissed and cannot be considered in the future.
  • Dismissal Without Prejudice-The complaint is dismissed but may be considered by the board in the future if there are ever allegations of a similar nature.

INVESTIGATION

  • The board can request an investigator be assigned to gather additional information surrounding the allegations made in the complaint. This may involve interviews with the respondent, the complainant, and possible witnesses.
  • After the investigation has been completed, an investigative report is prepared and presented to the board for consideration at a subsequent meeting.
  • Following the board’s review of the investigative report, a determination is made to either dismiss the complaint or take action in the form of a Cease and Desist or an Injunction.

CEASE & DESIST / INJUNCTION

  • The board may issue a Cease & Desist or seek an Injunction.
  • Cease & Desist–A letter from the administrative agency prohibiting a person or business from doing or continuing to do a certain activity.
  • Injunction-A writ granted by a court prohibiting a person or business from doing or continuing to do a certain activity.

For more information, contact DLI Business Standards Division at 406-841-2300

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