Board of Private Alternative Adolescent Residential or Outdoor Programs

The Board is pleased to make this web site available to share licensing and regulatory information with you. You can find what is needed to become licensed as a Private Alternative Adolescent Residential or Outdoor Program in Montana, verify who is already licensed, and learn the statutory and regulatory requirements if you are a licensee or an interested member of the public.  

You can start your search for information by either selecting a tab above or by choosing from the board information topics to the left.

Board meetings are usually held several times a year.
Meeting minutes are posted within 3 days of board approval.

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

Board members are appointed by the Governor with Senate confirmation. Members serve 3 year terms with no limit on the number of terms a member may serve. Three members must be representatives from various sizes and types of programs.
Two members must be from the general public.

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

Fiscal Year 2008 –2009 Professional and Occupational Licensing Report

Montana requires individuals who own or manage Private Alternative Adolescent Residential or Outdoors Programs to have those programs licensed.  Applicants need to apply to the board and may not open for business until they have received a provisional license. Applications are reviewed to assure the basic requirements are met. Requirements for licensure can be found in this section.

Public or Licensee Inquiries

Licensees can find license renewal information in this section and obtain mailing lists of licensees.

You can learn who is licensed as a Private Alternative Adolescent Residential or Outdoors Program in Montana by searching our Licensee Lookup system. 

Registration Form

A.  Registration Fee:  All Fees Are Non-Refundable and Non-Prorated 
0-10 participants                       $1,080.00
11-25                                         $2,780.00
26-50                                         $5,210.00

51-100                                       $8,520.00
101 and more      

B.  License Fee:
0-10 participants                        $270.00
11-25                                         $695.00

26-50                                         $1,300.00
51-100                                       $2,130.00
101 and more                 

Programs with 101 and more participants must submit the base fee and contact the board for current information on the average daily census rate to determine the license fee balance.

All programs registering between June 1, 2008 and June 30, 2009 shall pay both the registration fee and the licensing fee at the same time.

C. Renewal Period: Annually, by June 30

D. Renewal Fee;
0-10 participants                    $1,350.00  
11-25                                     $3,475.00

26-50                                     $6,510.00
51-100                                   $10,650.00
101 and more                  

Programs with 101 and more participants must submit the base fee and contact the board for current information on the average daily census rate to determine the renewal fee total.

Completed renewals submitted to the board after the date of June 30 shall be considered late and subject to a late penalty fee of 100% of the renewal fee.

The Board of Private Alternative Adolescent Residential or Outdoor Programs regulates the profession by establishing standards for licensure and practice, and adopting administrative rules to strengthen the practice.  Program owners, managers and staff should be aware of their obligations under Montana law and administrative rule.

The Montana Code Annotated (MCA) includes laws passed by the Legislature.  Professional and occupational licensing laws can be found in Title 37, Chapter 1, Part 3.  These statutes, known as the Uniform Regulatory Act, were passed in 1995.

Administrative Rules of Montana (ARM) are often referred to as regulations.  The Board adopts administrative rules in order to administer laws over which the Legislature has given the Board authority. Boards are required to follow a process known as the Montana Administrative Procedures Act when they notice or conduct meetings, propose new rules or make changes to existing rules to ensure public participation.  The Board files a public notice in the Montana Administrative Register (MAR) on any proposed rule changes or new rules.  You can keep track of any rule changes by viewing MAR online, or by contacting the board office and requesting to be added to the board’s interested parties list.  Those on the list receive notification of all meetings, rule notices, and legal announcements.

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 calling (406) 444-2055. A web version of the ARM published by the Secretary of State can be viewed at Secretary of State's Administrative Rules of Montana. 

FAQ’s CONCERNING ADMINSTRATIVE RULES

• Chapter 181 - Private Alternative Adolescent Residential Program

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• Chapter 24 - Labor and Industry

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• Chapter 101 - Business Standards Division

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• Title 2 Chapter 15 Part 17 - Board of private alternative adolescent residential or outdoor programs

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• Title 37 Chapter 48 - Private alternative adolescent residential or outdoor programs

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• Title 37 - Professions and Occupations

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• Chapter 1 - General Provisions

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The mission of the Board of Private Alternative Adolescent Residential or Outdoor Programs is to protect the health, safety and well being of Montana citizens through the licensing of programs and by the regulation of their practice to promote the delivery of quality services.

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 with the Board here.

Complaint Form

Complaint Process Brochure (Tri-fold)

FAQ's

Complaint Contact

LaVelle Potter, Compliance Specialist
Telephone: (406) 841-2362
E-mail: dlibsdcomplaints@mt.gov

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

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.

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 Panel - A 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 administrative Hearing (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

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

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 notify cation 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

The Board of Private Alternative Residential or Outdoor Programs provides a number of services to licensees and to the general public.  Individuals or organizations may request written verifications of program licenses here.  License verification can also be accomplished through our online Licensee Lookup service. Please see the current list of services to the left.

License Verification Request

There are THREE Types of Licensure Verification Requests:

1). Licensees for any profession can be verified by using LicenseLookup.mt.gov.
This website provides real-time connectivity to the Business Standards Licensing Database.  There is no charge for this service.

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2). An individual may request licensure information directly from the board or program email link. The email should include first and last name, address, city, state, license number and any other type of identifying information. There is no charge for this service.

A response should occur within 3 days of receipt.

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3). To request an official license verification be sent to another state licensing board, jurisdiction or individual for license confirmation status in the State of Montana. The fee for this is $20.00 per verification requested.

Once the fee and official license verification form are received, the request will be processed and mailed within 5 days.