(1) The department may
issue a written order imposing any of the disciplinary actions in (2) if the
department determines that, as provided in 37-42-321(1) , MCA:
(a) the operator has
practiced fraud or deception;
(b) reasonable care,
judgment, or the application of the operator's knowledge or ability was not
used in the performance of the operator's duties; or
(c) the operator is incompetent
or unable to properly perform the operator's duties.
(2) Disciplinary actions
the department may order under (1) include revoking a certificate or any of the
other disciplinary actions listed in 37-1-136, MCA, including:
(a) suspension of an order of revocation on terms and conditions determined
by the department;
(b) suspension of the right to operate under a certificate for a period not
exceeding one year;
(c) placing a certified operator on probation;
(d) reprimand of a certified operator.
(3) The department shall serve the order, by certified mail or personally,
on the certified operator.
(4) Section 37-42-321(3) , MCA, states: "A person aggrieved by an order of the
department under this section may request a hearing before the board by
submitting a written request stating the reason for the request within 30 days
after receipt of the department's decision." The department's order becomes final if the aggrieved person does
not appeal it within 30 days after receiving it.
(5) The contested case provisions of the Montana Administrative Procedure
Act, Title 2, chapter 4, part 6, MCA, apply to a hearing held under this