Mont. Code Ann. § 37-42-321
Revocation of operator's certificate -- disciplinary action by department
En. Sec. 7, Ch. 239, L. 1967; amd. Sec. 88, Ch. 349, L. 1974; R.C.M. 1947, 69-5907(2); amd. Sec. 15, Ch. 243, L. 1983; amd. Sec. 2, Ch. 79, L. 2001.
(1) The department may issue an order revoking the certificate of an operator when the department finds that:
- (a) the operator has practiced fraud or deception;
- (b) reasonable care, judgment, or the application of the operator's knowledge or ability was not used in the performance of the operator's duties; or
- (c) the operator is incompetent or unable to properly perform the operator's duties.
- (2) The department may issue an order taking any disciplinary action listed in 37-1-136.
- (3) A person aggrieved by an order of the department under this section may request a hearing before the board by submitting a written request stating the reason for the request within 30 days after receipt of the department's decision.
- (4) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing held under this section.
History: En. Sec. 7, Ch. 239, L. 1967; amd. Sec. 88, Ch. 349, L. 1974; R.C.M. 1947, 69-5907(2); amd. Sec. 15, Ch. 243, L. 1983; amd. Sec. 2, Ch. 79, L. 2001.