Montana Code 75-11-211. Denial, modification, suspension, or revocation of installer or inspector license — grounds
75-11-211. Denial, modification, suspension, or revocation of installer or inspector license — grounds. (1) The department may deny, modify, condition, suspend, or revoke a license if the installer or inspector:
Terms Used In Montana Code 75-11-211
- Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-11-203
- Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-11-203
- Fraud: Intentional deception resulting in injury to another.
- Inspection: means activities to inspect all or part of an underground storage tank system, including records relating to installation, operation, maintenance, and closure to determine compliance with applicable laws and rules relating to operation and maintenance. See Montana Code 75-11-203
- Inspector: means an individual who performs inspections of underground storage tank systems. See Montana Code 75-11-203
- Installer: means an individual who installs or closes underground storage tank systems. See Montana Code 75-11-203
- License: means a license issued by the department under 75-11-204 or 75-11-210 to conduct the inspection, installation, or closure of underground storage tank systems. See Montana Code 75-11-203
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- underground storage tank system: means an underground storage tank, as defined in 75-11-503, and, for purposes of this part, includes ancillary equipment designed to prevent, detect, or contain a release from an underground storage tank system. See Montana Code 75-11-203
- Writing: includes printing. See Montana Code 1-1-203
(a)fails to achieve a passing grade on a written examination;
(b)fails to pay the license fee imposed under this part;
(c)commits fraud or deceit with respect to the license or permit application or an inspection report submitted to the department;
(d)has had suspended or revoked:
(i)a license issued under this part; or
(ii)a similar license in another state or territory; or
(e)violates any state or federal law, rule, permit, or order relating to the installation or closure of an underground storage tank system.
(2)If the department modifies, conditions, suspends, or revokes a license, it shall inform the applicant or license holder in writing of the reason for the action. The applicant or license holder may request a hearing before the board. If the board grants a hearing, the hearing must be held in accordance with the provisions of the Montana Administrative Procedure Act.