37-67-331. Revocation, suspension, or refusal to renew license -- grounds -- procedure -- reinstatement. - Montana Statutes

     37-67-331. Revocation, suspension, or refusal to renew license -- grounds -- procedure -- reinstatement. (1) The board may reprimand a licensee or revoke, suspend, or refuse to renew the license of a licensee found responsible for:
     (a) fraud or deceit in obtaining a license;
     (b) gross negligence, incompetency, or misconduct in the practice of engineering or land surveying as a licensed professional engineer or professional land surveyor;
     (c) a felony;
     (d) a violation of rules for professional conduct for professional engineers and professional land surveyors adopted by the board;
     (e) failing to comply with the Corner Recordation Act if the person is a professional land surveyor.
     (2) Any person may make charges of fraud, deceit, gross negligence, incompetency, or misconduct against a licensee. The charges must be made by affidavit, subscribed and sworn to by the person making them, and filed with the department. The charges must be investigated by the board. For purposes of investigation under this section, the board may require that a licensee meet with the board.
     (3) The board may require a licensee to take a written or oral examination, or both, in a proceeding to reprimand the licensee or to revoke, suspend, or refuse to renew the license.
     (4) If, after a hearing, five or more members of the board vote in favor of sustaining the charges, the board shall reprimand the licensee or suspend, refuse to renew, or revoke the license of the licensed professional engineer or professional land surveyor.
     (5) The board, for reasons it considers sufficient, may reissue a license to a person whose license has been revoked if five or more members of the board vote in favor of the reissuance.

     History: En. 66-2365 by Sec. 13, Ch. 366, L. 1975; R.C.M. 1947, 66-2365(part); amd. Sec. 8, Ch. 408, L. 1979; amd. Sec. 17, Ch. 553, L. 1985; amd. Sec. 13, Ch. 108, L. 1995; amd. Sec. 70, Ch. 492, L. 2001.