Montana Administrative Code

24.17.814 COMPUTATION OF TIME PERIODS (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.17.817 FACSIMILE FILINGS (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.17.821 FILING COMPLAINTS (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-201, 39-3-207, 39-3-209, 39-3-210, 39-3-211, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; AMD, 2014 MAR p. 3058, Eff. 1/2/15; RE…

24.17.822 JURISDICTIONAL REVIEW (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-201, 39-3-209, 39-3-210, 39-3-211, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.17.824 REQUESTING PARTY'S FAILURE TO PROVIDE INFORMATION (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-201, 39-3-209, 39-3-210, 39-3-211, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p.…

24.17.827 EMPLOYER RESPONSE TO COMPLAINT (REPEALED) Authorizing statute(s): 18-2-423, 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 18-2-424, 39-3-201, 39-3-209, 39-3-210, 39-3-211, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p…

24.17.829 DEPARTMENT REVIEW OF EMPLOYER RECORDS (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 18-2-424, 39-3-201 through 39-3-216, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29…

24.17.831 DETERMINATION (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-201 through 39-3-216, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.17.834 REQUEST FOR REDETERMINATION (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.17.837 REQUEST FOR FORMAL HEARING (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-216, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.17.838 MANDATORY, NONBINDING MEDIATION (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 39-3-216, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.17.841 DEFAULT ORDERS AND DISMISSALS (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-212, 39-3-216, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.17.844 REQUEST FOR RELIEF IF MAIL IS NOT RECEIVED (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.17.847 APPEAL OF FORMAL HEARING (REPEALED) Authorizing statute(s): 18-2-431, 39-3-202, MCA Implementing statute(s): 18-2-403, 18-2-407, 18-2-423, 39-3-216, MCA History: NEW, 2002 MAR p. 2446, Eff. 9/13/02; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.17.851 CRITERIA TO DETERMINE PENALTY AND COST IMPOSITION The commissioner shall consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed against a contractor, subcontractor, or employer found in violation o…

24.17.901 CONTRACT INELIGIBILITY/DEBARMENT After notice and an opportunity to be heard, the commissioner, acting by and through the department, may determine that a contractor, subcontractor or employer is debarred or ineligible to receive public works contracts for a period of u…

24.17.906 LIST OF INELIGIBLES The department will publish a list of persons and entities that are ineligible to work on public works projects. The list will specify the dates of ineligibility. The list is public information and is available upon request from the department. The d…

24.171.101 BOARD ORGANIZATION The Board of Outfitters adopts and incorporates the organizational rules of the Department of Labor and Industry listed at chapter 1 of this title. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1988 MAR p. 4…

24.171.104 BOARD PURPOSE (REPEALED) (REPEALED) Authorizing statute(s): 37-47-201, MCA Implementing statute(s): 37-47-201, MCA History: NEW, 2023 MAR p. 300, Eff. 3/25/23; REP, 2024 MAR p. 2149, Eff. 9/7/24.

24.171.201 PROCEDURAL RULES The Board of Outfittersadopts and incorporates the procedural rules of the Department of Labor and Industry as listed in chapter 2 of this title. Authorizing statute(s): 2-4-201, MCA Implementing statute(s): 2-4-201, MCA History: NEW, 1988 MAR p. 46, E…

24.171.202 PUBLIC PARTICIPATION The Board of Outfittersadopts and incorporates thepublic participation rules of the Department ofLabor and Industryas listed in chapter 2 of this title. Authorizing statute(s): 2-3-103, MCA Implementing statute(s): 2-3-103, MCA History: NEW, 1988 M…

24.171.2101 RENEWALS (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-47-201, MCA Implementing statute(s): 37-1-104, 37-1-141, 37-47-201, 37-47-302, 37-47-304, 37-47-306, 37-47-307, MCA History: NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1992 MAR p. 2376, Eff. 10/30/92; …

24.171.2104 ACTIVE DUTY STATUS FOR LICENSEES IN THE MILITARY (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-1-138, 37-47-201, MCA Implementing statute(s): 37-1-138, 37-47-307, MCA History: NEW, 2006 MAR p. 324, Eff. 2/10/06; REP, 2024 MAR p. 2149, Eff. 9/7/24.

24.171.2301 UNPROFESSIONAL CONDUCT It is unprofessional conduct for a licensee or license applicant to violate any statute, rule, or standard of practice governing their scope of practice. In addition, the following is unprofessional conduct for a licensee or a license applicant:…

24.171.2305 (REPEALED) (REPEALED) Authorizing statute(s): 37-1-131, 37-47-201, MCA Implementing statute(s): 37-1-131, 37-1-311, 37-47-201, MCA History: NEW, 2011 MAR p. 2149, Eff. 10/14/11; AMD, 2021 MAR p. 1407, Eff. 10/23/21; REP, 2024 MAR p. 2149, Eff. 9/7/24.

24.171.401 FEES Fees for outfitters, operations plan, guide, or use of outfitter assistants shall be as set forth below. The following fees are nonrefundable. New outfitter application and license. $1300 Application for adding endorsementto outfitter license. 450 Renewal of outfi…

24.171.402 EFFECT OF FEE FOR EXPANSION OF NET CLIENT HUNTER USE (REPEALED) Authorizing statute(s): 37-1-131, 37-47-201, MCA Implementing statute(s): 37-1-131, 37-47-201, 37-47-316, MCA History: NEW, 2003 MAR p. 1193, Eff. 6/13/03; TRANS, from Commerce, 2006 MAR p. 324; REP, 2015 …

24.171.403 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 applications must be reviewed and approved by the board before a license may be is…

24.171.404 MILITARY TRAINING OR EXPERIENCE (REPEALED) (REPEALED) Authorizing statute(s): 37-1-145, MCA Implementing statute(s): 37-1-145, MCA History: NEW, 2014 MAR p. 2653, Eff. 10/24/14; REP, 2024 MAR p. 2149, Eff. 9/7/24.

24.171.405 BOOKING AGENTS AND ADVERTISING Any person authorized by the outfitter may schedule trips, provide clients with information regarding refunds and services, receive client fees on behalf of the outfitter, secure a guide who is employed by or with whom the outfitter has a…

24.171.407 INSPECTION Inspections of outfitter and guide operations may be made by a representative of the board at all reasonable times. Licensees may be subject to disciplinary action as a result of inspections. Authorizing statute(s): 37-47-201, MCA Implementing statute(s): 37…

24.171.408 OUTFITTER RECORDS Outfitters shall maintain current and accurate records and make the records available: upon written request of the board or department; or upon written request of a state or federal agency for law enforcement purposes provided the outfitter voluntaril…

24.171.409 GUIDE TO HUNTER RATIO (REPEALED) Authorizing statute(s): 37-1-131, 37-47-201, MCA Implementing statute(s): 37-1-131, 37-47-201, 37-47-402, MCA History: NEW, 2010 MAR p. 651, Eff. 3/12/10; REP, 2013 MAR p. 671, Eff. 4/26/13.

24.171.410 OUTFITTER'S ASSISTANTS An outfitter may only employ or contract with an outfitter's assistant in an emergency. Emergency, as defined in 37-47-101, MCA, includes unforeseen staffing shortages, not caused by the outfitter's action or inaction, for which employing or cont…

24.171.412 SAFETY AND FIRST AID PROVISIONS Outfitters and guides are required to hold current basic first aid certification at all times actively licensed. Basic first aid certification must be obtained through a provider and course approved by the department based upon the follo…

24.171.413 WATERCRAFT IDENTIFICATION A person holding a valid outfitter or guide license who utilizes any type of watercraft while providing services shall prove evidence of licensure by displaying, at all times services are being provided, watercraft identification tags. The dep…

24.171.414 APPLICANTS WITH CRIMINAL CONVICTIONS The board incorporates ARM 24.101.406 by reference with the following modifications: Nonviolent misdemeanor and felony convictions in (5) involving violations of laws relative to fish, wildlife, and parks are nonroutine if those con…

24.171.415 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, …

24.171.416 FEE ABATEMENT The Board of Outfitters 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, 37-47-201, MCA Implementing statute(s): 17-2-302, 17-2-303, 37-1-134, MC…

24.171.419 SUBSTANTIAL EQUIVALENCY The board adopts and incorporates by reference the 2025 substantial equivalency list for the Board of Outfitters publication. The publication is available on the board’s website. The board intends to review the publication annually. However, fai…

24.171.501 APPLICATION FOR OUTFITTER LICENSE An application for an outfitter license shall be on forms prescribed by the department and shall be accompanied by the required fee. A complete application, which is required prior to being allowed to take the examination, shall consis…

24.171.502 OUTFITTER QUALIFICATIONS An applicant shall have: for a watercraft endorsement: a minimum of three years and 120 days of verified experience as a licensed guide working for a licensed outfitter in this state, guiding clients and using methods for pursuing fish or game;…

24.171.503 OUTFITTER APPLICATION (REPEALED) Authorizing statute(s): 37-1-131, 37-47-201, MCA Implementing statute(s): 37-47-201, 37-47-304, 37-47-307, MCA History: NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1996 MAR p. 668, Eff. 3/8/96; AMD, 1998 MAR p. 2560, Eff. 9/25/98; TRANS, …

24.171.504 SUCCESSORSHIP A successorship is the permission granted to a person to renew the license of a deceased or incapacitated outfitter for a limited period of time for the purposes of operating or selling the business. Only a successor may renew the license of an outfitter …

24.171.505 FISHING OUTFITTER OPERATIONS PLAN (REPEALED) Authorizing statute(s): 37-1-131, 37-47-201, MCA Implementing statute(s): 37-1-131, 37-47-201, 37-47-304, MCA History: NEW, 2009 MAR p. 1406, Eff. 8/14/09; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2017 MAR p. 1900, Eff. 10…

24.171.507 OUTFITTER EXAMINATION The examination categories include: general knowledge of outfitting and guiding; hunting; fishing; packing; and boat or other floating craft and motorized watercraft. Applicants may access FWP regulations and study materials provided by the board …

24.171.508 INCOMPLETE APPLICATIONS Applications received by the board will be reviewed for completeness. If the application is not completed within one year from the date the incomplete application first arrived, the application expires, and the applicant shall be required to sub…

24.171.509 INSURANCE FOR OUTFITTERS An outfitter, other than an outfitter licensed on inactive status, shall have liability insurance, as a named insured, in effect at all times during the license year. Liability insurance must cover bodily injury to clients at all times services…

24.171.512 INACTIVE LICENSE An outfitter may submit a written request to have the outfitter's license placed on inactive status at the time of renewal. Such request must be submitted with a completed application for renewal and all required renewal fees. Outfitters whose licenses…

24.171.513 OUTFITTER ACTING AS GUIDE A licensee holding a current and valid outfitter's license may act as a guide without a guide's license if such licensee: possesses the qualifications of a guide under these rules; and acts as a guide only within the services and area of opera…