Montana Code 39-9-401. Violation — infraction — penalty — disposition
39-9-401. Violation — infraction — penalty — disposition. (1) It is a violation of this chapter and an infraction for any construction contractor to:
Terms Used In Montana Code 39-9-401
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Construction contractor: means a person, firm, or corporation that:
(a)in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish for another a building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works, or the installation or repair of roofing or siding; or
(b)in order to do work similar to that described in subsection (1)(a) upon the construction contractor's property, employs members of more than one trade on a single job or under a single building permit, except as otherwise provided. See Montana Code 39-9-102
- Department: means the department of labor and industry. See Montana Code 39-9-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(a)perform work as a construction contractor without being registered as required by this chapter;
(b)perform work as a construction contractor when the construction contractor’s registration is suspended; or
(c)transfer a valid registration to an unregistered construction contractor or allow an unregistered construction contractor to work under a registration issued to another construction contractor.
(2)(a) A determination by the department of a violation of this section subjects the person who commits the violation to a penalty of up to $500, as determined by the department. A person who has been determined to have violated this section may request that a hearing be held in accordance with the Montana Administrative Procedure Act. The hearing may be held by telephone or videoconference. An appeal of the hearing decision must be made in the same manner as prescribed in 39-51-2403.
(b)A penalty under this section does not apply to a violation that is determined to be an inadvertent error.
(c)A penalty collected under this section must be deposited in the uninsured employers’ fund established in 39-71-503.