37-1-138. Protection of professional licenses for activated military reservists -- rulemaking authority -- definitions. - Montana Statutes

     37-1-138. Protection of professional licenses for activated military reservists -- rulemaking authority -- definitions. (1) For purposes of this section, the following definitions apply:
     (a) "Activated reservist" means a member of a reserve component who has received federal military orders to report for federal active duty for at least 90 consecutive days.
     (b) "License" has the meaning provided in 37-1-302.
     (c) "Reserve component" means the Montana national guard or the military reserves of the United States armed forces.
     (2) An activated reservist who holds an occupational or professional license may report the reservist's activation to the appropriate professional licensing board or to the department of labor and industry if the licensing requirements are administered by the department. The report must, at a minimum, include a copy of the reservist's orders to federal active duty. The report may request that the reservist's professional license revert to an inactive status.
     (3) If an activated reservist has requested that the reservist's license revert to inactive status pursuant to subsection (2), then for the duration of the reservist's active duty service under the orders submitted, the department or licensing board may not:
     (a) require the collection of professional licensing fees or continuing education fees from the activated reservist;
     (b) require that the activated reservist take continuing education classes or file a report of continuing education classes completed; or
     (c) revoke or suspend the activated reservist's professional license, require the license to be forfeited, or allow the license to lapse for failure to pay licensing fees or continuing education fees or for failure to take or report continuing education classes.
     (4) (a) Upon release from federal active duty service, the reservist shall send a copy of the reservist's discharge documents to the appropriate professional licensing board or to the department.
     (b) The board or department shall evaluate the discharge documents, consider the military position held by the reservist and the duties performed by the reservist during the active duty, and compare the position and duties to the licensing requirements for the profession. The board or department shall also consider the reservist's length of time on federal active duty.
     (c) Based on the considerations pursuant to subsection (4)(b) and subject to subsection (5):
     (i) the license must be fully restored;
     (ii) conditions must be attached to the reservist's continued retention of the license; or
     (iii) the license must be suspended or revoked.
     (5) (a) A licensing board or the department may adopt rules concerning what conditions may be attached to a reservist's professional license pursuant to subsection (4)(c)(ii).
     (b) If conditions are attached pursuant to subsection (4)(c)(ii) or the license is suspended or revoked pursuant to subsection (4)(c)(iii), the affected reservist may, within 90 days of the decision to take the action, request a hearing by writing a letter to the board or department. The board or department shall conduct a requested hearing within 30 days of receiving the written request.

     History: En. Sec. 2, Ch. 271, L. 2003.