37-47-304. Application. - Montana Statutes

     37-47-304. Application. (1) Each applicant for an outfitter's, guide's, or professional guide's license shall apply for a license on a form furnished by the department.
     (2) The application for an outfitter's license forms the basis for the outfitter's operations plan and must include:
     (a) the applicant's full name, residence, address, conservation license number, driver's license number, birth date, physical description, and telephone number;
     (b) the address of the applicant's principal place of business in the state of Montana;
     (c) the amount and kind of property and equipment owned and used in the outfitting business of the applicant;
     (d) the experience of the applicant, including:
     (i) years of experience as an outfitter, guide, or professional guide;
     (ii) the applicant's knowledge of areas in which the applicant has operated and intends to operate; and
     (iii) the applicant's ability to cope with weather conditions and terrain;
     (e) a signed statement of the licensed outfitter for each guide and professional guide to be employed or retained as an independent contractor, stating that the guide or professional guide is to be employed by the outfitter and stating that the outfitter recommends the guide or professional guide for licensure;
     (f) an affidavit by the outfitter to the board that the equipment listed on the application is in fact owned or leased by the applicant, is in good operating condition, and is sufficient and satisfactory for the services advertised or contemplated to be performed by the applicant;
     (g) a statement of the maximum number of participants to be accompanied at any one time;
     (h) the written approval of the appropriate agency or landowner on whose lands the applicant intends to provide services or establish hunting camps; and
     (i) the boundaries of the proposed operation, stating when applicable:
     (i) the name and portion of river;
     (ii) the county of location;
     (iii) the legal owner of the property;
     (iv) the name of the ranch;
     (v) the proposed service, including the type of game sought;
     (vi) the name of the agency granting use authority; and
     (vii) other means of identifying boundaries as established by board rule.
     (3) An application for an outfitter's license must be in the name of an individual person only. An application involving corporations, proprietorships, or partnerships must be made by one individual person who qualifies under the provisions of this part. A license issued pursuant to this part must be in the name of that person. Any revocation or suspension of a license is binding upon the individual person and the corporation, proprietorship, or partnership for the use and benefit of which the license was originally issued.
     (4) Application must be made to and filed with the board.
     (5) Only one application for an outfitter's license may be made in any license year. If an application is denied, subsequent applications by the same applicant for the license year involved are void, except as provided in 37-47-308.

     History: En. Sec. 8, Ch. 221, L. 1971; amd. Sec. 13, Ch. 94, L. 1973; amd. Sec. 3, Ch. 541, L. 1975; amd. Sec. 21, Ch. 9, L. 1977; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-915(1), (2), (13); amd. Sec. 11, Ch. 545, L. 1981; amd. Sec. 10, Ch. 528, L. 1987; Sec. 87-4-124, MCA 1985; redes. 37-47-304 by Sec. 11, Ch. 528, L. 1987; amd. Sec. 3, Ch. 565, L. 1989; amd. Sec. 5, Ch. 220, L. 1993; amd. Sec. 7, Ch. 328, L. 1995; amd. Sec. 2, Ch. 196, L. 2003; amd. Sec. 99, Ch. 467, L. 2005.