(1) A person, group of persons, or corporation who establishes or maintains a day-care
facility or assists in conducting or maintaining a day-care facility without first
obtaining a license or registration certificate from the department as provided for
in this part is guilty of a misdemeanor and upon conviction is punishable by a fine
not to exceed $500.
(2)(a) If the department is advised or has reason to believe that a person, group
of persons, or corporation is operating a day-care facility without a license or registration
certificate, it shall make an investigation to ascertain the facts. If the department finds that the day-care facility is being or has been operated without
a license or registration certificate, it may report the results of its investigation
to the attorney general or the county attorney of the county where the day-care facility
is being operated for prosecution and request that an injunction be issued against
the facility until a license or certificate is issued.
(b) The department may institute any action necessary to enforce compliance with this
part or any order or rule of the department under this part or to obtain a judicial
interpretation of any of the foregoing.
(c) The department may, by its own attorney, any county attorney, or the attorney
general, initiate an action in the justice's court, city court, municipal court, or
district court of the appropriate jurisdiction and be represented by that representative
on appeal to the district court and supreme court of Montana, as applicable.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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