Montana Code 39-8-302. Disciplinary action against licensee — penalties
39-8-302. Disciplinary action against licensee — penalties. (1) The department may deny a license application or may suspend, revoke, or refuse to renew an existing license for a person who:
Terms Used In Montana Code 39-8-302
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the department of labor and industry. See Montana Code 39-8-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- group: means at least two but not more than five professional employer organizations, each of which is majority-owned by the same person. See Montana Code 39-8-102
- Licensee: means a person licensed as a professional employer organization or group under this chapter. See Montana Code 39-8-102
- Person: means an individual, association, company, firm, partnership, corporation, or limited liability company. See Montana Code 39-8-102
- Professional employer organization: means :
(i)a person that provides services of employees pursuant to one or more professional employer arrangements or to one or more employee leasing arrangements; or
(ii)a person that represents to the public that the person provides services pursuant to a professional employer arrangement. See Montana Code 39-8-102
(a)obtains or renews a license through bribery, fraud, or willful misrepresentation;
(b)engages in fraud, deceit, misrepresentation, or misconduct in:
(i)obtaining or providing workers’ compensation or health coverage;
(ii)the classification of employees;
(iii)the reporting of employee wages for purposes of any payroll-related taxes or workers’ compensation benefits; or
(iv)the operation of a professional employer organization or group;
(c)conducts business without a valid license;
(d)fails to maintain evidence of workers’ compensation insurance coverage;
(e)transfers or attempts to transfer a license issued pursuant to this chapter; or
(f)violates the provisions of this chapter or a rule issued pursuant to this chapter.
(2)A person who fails to comply with the provisions of this chapter is guilty of a misdemeanor and, upon conviction, is subject to a fine of up to $1,000, imprisonment for not more than 1 year, or both.