(1) 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 contracting with an outfitter's assistant is necessary to protect the public health, safety, and welfare while serving a client.
(2) Before an outfitter's assistant serves a client, the outfitter shall:
(a) disclose to each client that the outfitter's assistant is not a licensed guide or outfitter;
(b) explain the emergency causing the need to employ or contract with the outfitter's assistant; and
(c) disclose whether the outfitter's assistant has received first aid certification.
(3) For each outfitter's assistant employed or contracted with by an outfitter, the following documentation procedures shall be followed:
(a) An outfitter shall document the employment or retention of each outfitter's assistant. The outfitter's assistant shall keep a copy of the employment documentation at all times during the service period. Within 15 days of the first date the outfitter's assistant serves a client, the outfitter shall submit to the department a copy of the employment documentation and fee required in ARM 24.171.401. The employment documentation shall include:
(i) the name, license number, address, phone number, and, if available, e-mail address of the outfitter;
(ii) the signature of the outfitter;
(iii) the name, date of birth, address, telephone number, and, if available, e-mail address of the outfitter's assistant; and
(iv) the beginning and ending dates of the service period.
(b) Within 15 days of the first date the outfitter's assistant serves any client, the outfitter shall submit the following information to the department:
(i) an explanation of the emergency causing the need to employ or contract with the outfitter's assistant;
(ii) an explanation for why the outfitter's assistant could not obtain a guide license before serving a client;
(iii) a statement indicating whether the outfitter's assistant has applied for a guide license;
(iv) confirmation that the outfitter properly disclosed to the client information required by this rule; and
(v) an affidavit by the outfitter that the outfitter has complied with all laws and rules relating to outfitter's assistants.
(c) Outfitters shall maintain a copy of this documentation and make the records available at all times in accordance with ARM 24.171.408 following the provision of services by the outfitter's assistant.
(4) Unless otherwise authorized under ARM 24.171.405, regarding booking agents and advertising, an outfitter's assistant may not:
(a) make agreements with participants concerning monetary consideration of services provided; or
(b) advertise outfitting services.
(5) Except where an outfitter's assistant's conduct is further limited by statute or rule, the standards of conduct set forth in ARM 24.171.2301 applicable to guides shall also be observed by the outfitter's assistant.