Montana Administrative Code

24.168.2303 ADMINISTRATIVE SUSPENSION The board authorizes the department to: administratively suspend licenses for deficiencies set forth in 37-1-321(1)(a) though (e), MCA; or file a complaint pertaining to the deficiencies in (1) that are based on repeated or egregious conduct,…

24.168.2304 COMPLAINT PROCEDURE (REPEALED) Authorizing statute(s): 37-10-202, MCA Implementing statute(s): 37-1-308, 37-1-309, MCA History: NEW, 1997 MAR p. 305, Eff. 2/11/97; TRANS, from Commerce, 2003 MAR p. 2083; REP, 2007 MAR p. 296, Eff. 3/9/07.

24.168.2307 SCREENING PANEL (REPEALED) Authorizing statute(s): 37-1-131, MCA Implementing statute(s): 37-1-131, 37-1-307, MCA History: NEW, 1997 MAR p. 305, Eff. 2/11/97; TRANS, from Commerce, 2003 MAR p. 2083; AMD, 2007 MAR p. 296, Eff. 3/9/07; AMD, 2018 MAR p. 442, Eff. 2/10/18…

24.168.301 DEFINITIONS For the purposes of this chapter, the following definitions apply: "ACOE" means the Accreditation Council on Optometry Education of the American Optometric Association. "ARBO" means the Association of Regulatory Boards of Optometry. "Anterior segment of the…

24.168.401 FEE SCHEDULE Application fee $175 Annual renewal 175 Endorsement fee 125 TPA or laser surgical certificate application fee 75 Additional standardized fees are specified in ARM 24.101.403. Authorizing statute(s): 37-1-131, 37-1-134, 37-10-202, MCA Implementing statute(s…

24.168.402 LICENSURE REQUIREMENTS All applicants for licensure shall submit a completed application. The application material must include the following: verification of successful passage of all parts of the national optometry examination administered by the NBEO with scores sen…

24.168.403 FEE ABATEMENT The Board of Optometry adopts and incorporates by reference the fee abatement rule of the Department of Labor and Industry found at ARM 24.101.301. Authorizing statute(s): 37-1-131, MCA Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MCA History: N…

24.168.405 EXAMINATIONS (REPEALED) Authorizing statute(s): 37-10-202, MCA Implementing statute(s): 37-10-201, 37-10-302, MCA History: Eff. 12/31/72; AMD, Eff. 6/4/74; AMD, Eff. 8/4/74; AMD, 1978 MAR p. 725, Eff. 5/26/78; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981…

24.168.406 MILITARY TRAINING OR EXPERIENCE (REPEALED) Authorizing statute(s): 37-1-145, MCA Implementing statute(s): 37-1-145, MCA History: NEW, 2014 MAR p. 973, Eff. 5/9/14; AMD, 2018 MAR p. 307, Eff. 2/10/18; REP, 2023 MAR p. 1621, Eff. 11/18/23.

24.168.407 NONROUTINE APPLICATIONS For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference. Nonroutine applicationsmust be reviewed and approved by the board beforea license may be issu…

24.168.408 LICENSURE BY ENDORSEMENT (REPEALED) Authorizing statute(s): 37-1-131, 37-10-202, MCA Implementing statute(s): 37-1-304, MCA History: NEW, 1997 MAR p. 305, Eff. 2/11/97; AMD, 1998 MAR p. 925, Eff. 4/17/98; AMD, 1999 MAR p. 2760, Eff. 12/3/99; TRANS, from Commerce, 2003 …

24.168.409 APPLICANTS WITH CRIMINAL CONVICTIONS The board incorporates ARM 24.101.406 by reference with no modifications. Authorizing statute(s): 37-1-131, MCA Implementing statute(s): 37-1-101, 37-1-131, MCA History: NEW, 2021 MAR p. 556, Eff. 5/15/21.

24.168.411 GENERAL PRACTICE REQUIREMENTS (REPEALED) Authorizing statute(s): 37-1-131, 37-10-202, MCA Implementing statute(s): 37-1-131, 37-10-202, MCA History: Eff. 12/31/72; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1982 MAR p. 1390, Eff. 7/16…

24.168.421 OPTOMETRIST'S ROLE IN POSTOPERATIVE CARE A licensed optometrist may provide postoperative and/or follow-up care for any patient who has undergone any ocular surgical procedure. The optometrist may deliver postoperative and/or follow-up care after consultation with the …

24.168.701 APPROVED COURSES AND EXAMINATIONS (REPEALED) Authorizing statute(s): 37-10-202, MCA Implementing statute(s): 37-10-304, MCA History: NEW, 1979 MAR p. 382, Eff. 4/13/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1990 MAR p. 2176, Eff…

24.168.704 NEW LICENSEES (REPEALED) Authorizing statute(s): 37-10-202, MCA Implementing statute(s): 37-10-304, MCA History: NEW, 1979 MAR p. 382, Eff. 4/13/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1999 MAR p. 511, Eff. 3/26/99; TRANS, fro…

24.168.711 OPHTHALMOLOGICAL DIAGNOSTIC PERMISSIBLE DRUGS (REPEALED) Authorizing statute(s): 37-1-131, 37-10-202, MCA Implementing statute(s): 37-10-101, 37-10-103, 37-10-304, MCA History: NEW, 1979 MAR p. 382, Eff. 4/13/79; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 19…

24.168.801 EXPANDED SCOPE OF PRACTICE – SURGICAL CERTIFICATE REQUIREMENTS Before a licensee may perform surgery, as set forth in 37-10-101, MCA, the licensee must complete an approved course that: is at least 32 hours in duration; includes content related to each laser surgical p…

24.168.901 APPROVED TPA COURSE An approved course, as referred to in 37-10-304 (2)(a)(ii), MCA, shall consist of a minimum of 100 hours of didactic classroom and clinical instruction. Authorizing statute(s): 37-1-131, 37-10-202, MCA Implementing statute(s): 37-10-304, MCA History…

24.168.904 APPLICANTS FOR LICENSURE (REPEALED) Authorizing statute(s): 37-10-202, MCA Implementing statute(s): 37-10-304, MCA History: NEW, 1987 MAR p. 2234, Eff. 12/11/87; AMD, 1993 MAR p. 2121, Eff. 9/17/93; TRANS, from Commerce, 2003 MAR p. 2083; REP, 2007 MAR p. 296, Eff. 3/9…

24.168.907 THERAPEUTIC PHARMACEUTICAL AGENTS (REPEALED) Authorizing statute(s): 37-1-131, 37-1-319, 37-10-202, MCA Implementing statute(s): 37-1-131, 37-10-103, MCA History: NEW, 1987 MAR p. 2234, Eff. 12/11/87; AMD, 1994 MAR p. 153, Eff. 1/28/94; AMD, 1999 MAR p. 2760, Eff. 12/3…

24.168.911 OCULAR THERAPEUTIC APPROVED DRUGS The board hereby approves the following drugs for the use in ocular treatment limited to the anterior segment of the eye and adnexa: anti-infective agents, including: antibiotic; antiviral; antifungal; and antiparasitic; autoimmune age…

24.17.101 PURPOSE AND SCOPE These rules are adopted pursuant to 18-2-431.htm" target="MCA" style="text-decoration:none">18-2-431 , MCA, giving the commissioner rulemaking authority to implement the Montana Prevailing Wage law, commonly known as Montana's "Little Davis-Bacon" Act …

24.17.103 DEFINITIONS As used in this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise: "Act" means 18-2-401 through 18-2-432, MCA. "Adverse decision" means a decision by the department that is not favorable to the partyreque…

24.17.107 PREVAILING WAGE DISTRICTS ESTABLISHED Pursuant to 18-2-411, MCA, the commissioner has established four districts for the purpose of setting the standard prevailing rate of wages for building construction services ARM 24.17.119 and nonconstruction services ARM 24.17.122.…

24.17.119 ESTABLISHING THE STANDARD PREVAILING RATE OF WAGES AND FRINGE BENEFITS – BUILDING CONSTRUCTION SERVICES The commissioner shall establish the standard prevailing rate of wages and fringe benefits for the various occupations engaged in building construction services in ea…

24.17.120 ESTABLISHING THE STANDARD PREVAILING RATE OF WAGES AND FRINGE BENEFITS – HEAVY CONSTRUCTION SERVICES The commissioner shall establish the standard prevailing rate of wages and fringe benefits for the various occupations engaged in heavy construction services statewide. …

24.17.121 ESTABLISHING THE STANDARD PREVAILING RATE OF WAGES AND FRINGE BENEFITS -- HIGHWAY CONSTRUCTION SERVICES The commissioner shall establish the standard prevailing rate of wages and fringe benefits for the various occupations engaged in highway construction services statew…

24.17.122 ESTABLISHING THE STANDARD PREVAILING RATE OF WAGES AND FRINGE BENEFITS – NONCONSTRUCTION SERVICES The commissioner shall establish the standard prevailing rate of wages and fringe benefits for the various occupations engaged in nonconstruction services in each district.…

24.17.124 DEPARTMENT ASSISTANCE AND NEW JOB CLASSIFICATION RATES Assistance in determining the nature of public works projects and whether heavy, highway or building construction prevailing wage rates apply, can be obtained through the office of the commissioner of labor and indu…

24.17.127 ADOPTION OF STANDARD PREVAILING RATE OF WAGES The commissioner's determination of minimum wage rates, including fringe benefits for health and welfare, pension contributions and travel allowance, by craft, classification or type of worker, and by character of project, a…

24.17.141 OBLIGATIONS OF PARTIES REGARDING THE PAYMENT OF PREVAILING WAGES Montana law requires payment of the standard prevailing rate of wages on public works contracts. Public contracting agencies, contractors, and subcontractors and employers each have a role in complying wit…

24.17.144 OBLIGATIONS OF PUBLIC CONTRACTING AGENCIES A public contracting agency must include in the bid specifications and contracts for any public works the following: an unequivocal agreement by the contractor or employer to give preference to employment of bona fide Montana r…

24.17.147 OBLIGATIONS OF EMPLOYERS AND CONTRACTORS All contractors and employers shall give preference in hiring to bona fide Montana residents in the performance of public works contracts. In the performance of a public works contract for a construction project, each contractor …

24.17.161 DIVIDING PROJECTS PROHIBITED Public contracting agencies shall not divide a public works project into more than one contract for the purpose of avoiding compliance. When making a determination of whether the public agency divided a contract to avoid compliance, the comm…

24.17.171 APPRENTICES Apprentices are those persons employed and individually registered in bona fide apprenticeship programs registered with or recognized by the department's Bureau of Apprenticeship and Training or the U.S. Bureau of Apprenticeship and Training. An employer is …

24.17.301 REQUIRED RECORDS All contractors, subcontractors or employers performing work on public works contracts shall make and maintain for a period of three years from the completion of work upon such public works projects, records necessary to determine whether the prevailing…

24.17.304 RECORDS AVAILABILITY Every employer (including a contractor or subcontractor) performing work on a public works project shall make available to the department records necessary to determine if the prevailing wage rate has been or is being paid to employees on the public…

24.17.307 PAYROLL CERTIFICATION When a prevailing wage complaint has been filed with the department or when the department has otherwise received evidence indicating that a violation has occurred, or when the department undertakes an audit, the department shall send a letter requ…

24.17.311 FULL PAYMENT REQUIRED Each contractor, subcontractor or employer shall pay each employee not less than the prevailing wage rate required unconditionally, without subsequent rebate, and except as provided in (2) , without deductions for: meals; lodging; transportation; o…

24.17.316 WAGE AVERAGING PROHIBITED A contractor, subcontractor or employer may not reduce an employee's regular rate of pay for work on projects not subject to the prevailing wage rate laws when the reduction in pay has the effect of the employee not receiving the prevailing rat…

24.17.321 PAYMENT OF FRINGE BENEFITS All contractors, subcontractors and employers that are required to pay employees the prevailing rate of wages must pay no less than the hourly rate of pay and fringe benefits as determined by the commissioner. Apprentices must be paid the perc…

24.17.326 OVERTIME WAGES COMPUTATIONS Where an employee performs work in one or more classifications which provide for one or more hourly rates of pay, the employee must be paid, in addition to the straight time hourly earnings for all hours worked, a sum determined by multiplyin…

24.17.501 PUBLIC WORKS CONTRACTS FOR CONSTRUCTION SERVICES SUBJECT TO PREVAILING RATES Public works contracts for construction services where the total contract price is more than $25,000 are subject to standard prevailing wage requirements, and include building construction, hea…

24.17.511 COMMERCIAL SUPPLIER DEFINED As used in this chapter, the term "commercial supplier" means a person, firm or entity that regularly furnishes goods and supplies to the public or to a particular sector or industry. The term includes both retail and wholesale operations, bu…

24.17.514 COMMERCIAL SUPPLIERS NOT SUBJECT TO PREVAILING WAGE LAWS A commercial supplier of goods and supplies is not subject to Montana's prevailing wage laws unless that supplier acts as a construction contractor, subcontractor or employer on the public works contract by perfor…

24.17.521 CLASSIFYING EMPLOYEES FOR CONSTRUCTION SERVICES All employers on public works contracts for construction services (including contractors and subcontractors) shall classify each employee who performs labor on a public works contract project according to the applicable st…

24.17.526 PROJECTS OF A MIXED NATURE (REPEALED) Authorizing statute(s): 18-2-431, MCA Implementing statute(s): 18-2-401, 18-2-402, 18-2-403, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2016 MAR p. 140, Eff. 12/25/15.

24.17.614 "SITE OF WORK" FOR NON-CONSTRUCTION SERVICES Unlike construction services, which by their very nature are performed at a specific site of work, many non-construction services can be performed at the place of business of the public contracting agency or at the place of t…

24.17.621 CLASSIFYING EMPLOYEES FOR NON-CONSTRUCTION SERVICES All employers on public works contracts for non-construction services (including contractors and subcontractors) shall classify each employee who performs labor on a public works contract project according to the appli…