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Montana Title 37. Professions and Occupations § 37-1-109. Cease and desist--injunction--criminal penalties

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) The department may issue a cease and desist order if the department determines through the receipt of credible evidence that a person is acting, has acted, or is about to act related to a profession or occupation in Title 37:

(a) without the license required to practice the profession or occupation;

(b) with a restricted title or designation of the profession or occupation without meeting the requirements for that use; or

(c) in violation of a statute or rule of the profession or occupation.

(2) A cease and desist order issued under this section must be served pursuant to Rule 4, M.R.Civ.P. The order is effective upon service. Proof of service constitutes notice to the person of the existence and contents of the order.

(3) The screening panel of a board or the department on behalf of a program may assess a penalty of not more than $1,000 a day for each day a cease and desist order issued under this section is violated. Fifty percent of the penalty must be deposited in the state special revenue fund of the board or program, and the remainder must be deposited in the state general fund.

(4)(a) A board, following a vote of its screening panel, or the department, on behalf of a program, may institute and maintain in the name of the state an action for injunction or another civil remedy in district court to enforce a cease and desist order issued under this section. Proof of inadequacy of a legal remedy or proof of substantial or irreparable damage from continued violation is not required.

(b) The board or department is entitled to its costs, including the costs of investigation and attorney fees, incurred in seeking a district court order under this section.

(c) A person who knowingly or purposely violates a district court injunction under this section is guilty of a felony and subject to the penalties set forth in 46-18-213.

(5) An officer, agent, partner, or member of a business entity who knowingly and personally participates in a violation of this section is subject to the penalties prescribed by this section.

(6) The remedies provided by this section are in addition to and do not limit the remedies and actions otherwise permitted or required by law.

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Cite this article: FindLaw.com - Montana Title 37. Professions and Occupations § 37-1-109. Cease and desist--injunction--criminal penalties - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-37-professions-and-occupations/mt-st-37-1-109/

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