In addition to 37-1-410, MCA and provisions in Title 37, chapter 60, MCA and these rules, the following is unprofessional conduct:

1. (1) Becoming involved in investigations on behalf of a client with intent to break the law or to use the information unlawfully;
2. (2) Using the professional position of trust for illegal gains;
3. (3) Accepting investigations which conflict with previous or current investigations if the investigations are substantially related;
4. (4) Failing to provide a client with an accurate and factual report within a time frame specified by mutual agreement;
5. (5) Expressly or impliedly representing oneself as a member of law enforcement by conduct, dress, advertisement or other representation;
6. (6) Accepting an assignment from a client that is directly adverse to a present client or former client or if there is a significant risk that the assignment will materially limit the licensee's responsibilities to a present or former client;
7. (7) Failing to supervise, manage, train, or control auxiliary staff or other persons, including licensees, practicing under the licensee's supervision or control;

8. (8) Discontinuing professional services unless:

   1. (a) services have been completed,
   2. (b) the client requests the discontinuation,
   3. (c) alternative or replacement services are arranged, or
   4. (d) the client is given reasonable opportunity to arrange alternative or replacement services;
9. (9) Failing to account for funds received in connection with any services rendered or to be rendered;
10. (10) Failing to put in trust or otherwise properly segregate funds in connection with a specific project for a specific purpose; and
11. (11) Failing to show proof of licensure upon request of any member of the public or law enforcement agency.

Authorizing statute(s): 37-60-202, MCA

Implementing statute(s): 37-1-410, 37-60-202, 37-60-401, MCA

History: NEW, 1984 MAR p. 589, Eff. 4/13/84; AMD, 1990 MAR p. 1772, Eff. 9/14/90; AMD, 1997 MAR p. 633, Eff. 4/8/97; TRANS, from Commerce, 2005 MAR p. 1926, Eff. 10/7/05; AMD, 2010 MAR p. 1194, Eff. 5/14/10; AMD, 2023 MAR p. 1744, Eff. 12/9/23; AMD, 2025 MAR, Notice No. 2025-22, Eff. 12/6/25.