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24.141.2301    UNPROFESSIONAL CONDUCT

(1) In addition to the activities set forth in 37-1-316 , MCA, the following activities are also deemed by the board to be unprofessional conduct:

(a) failing to correct violations of the Montana State Electrical Code as adopted by the Department of Labor and Industry's Building Codes Bureau, after having received proper notice and adequate time to do so, as determined by the inspector involved in light of the seriousness of the violation(s) and other similarly relevant considerations;

(b) being adjudicated under Title 39, MCA, by the court or agency having jurisdiction, as having violated any workers' compensation, unemployment insurance, or independent contractor law in Montana while engaged in the electrical trade; and

(c) failure to comply with continuing education requirements set forth in ARM 24.141.2102.

(2) Upon findings of unprofessional conduct as defined in (1) and determined in accordance with the Montana Administrative Procedure Act, the board may impose sanctions, including but not limited to those allowed by and listed in 37-1-312 , MCA.

(3) For purposes of this rule, the term "Montana State Electrical Code" is defined as the edition of the National Electrical Code or any other model electrical code which is adopted and/or as it may be modified by the Department of Labor and Industry's Building Codes Bureau for use as a construction standard in and by Montana's electrical industry.

History: 37-1-131, 37-1-136, 37-1-319, 37-68-201, MCA; IMP, 37-1-307, 37-1-316, 50-60-601, 50-60-603, 50-60-604, MCA; NEW, 2006 MAR p. 1278, Eff. 5/19/06.

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