37-42-321. Revocation of operator's certificate -- disciplinary action by department. - Montana Statutes

     37-42-321. Revocation of operator's certificate -- disciplinary action by department. (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.