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(1) A nonroutine application means an application submitted to the board in which the applicant has one or more of the following:

(a) past convictions or pending charges of state or federal laws relative to fish, wildlife, or parks, but only if those convictions:

(i) ever resulted in the loss of privileges to hunt or fish;

(ii) totaled two or more for which the applicant was sentenced no earlier than five years before the board received the application; or

(iii) total more than three regardless of when the applicant was sentenced;

(b) a total of three or more currently pending charges or past convictions of misdemeanor crimes if the applicant was sentenced for the past convictions no earlier than five years before the board received the application;

(c) a diagnosis or other information indicating physical or mental impairment by mental illness or chronic physical illness that may adversely affect the applicant's ability to provide services safely, but only if either the treatment for which is ongoing or the symptoms of which currently exist;

(d) a pending charge of any felony crime or a past conviction of any felony crime for which the applicant was either sentenced no earlier than ten years before the date the board received the application or for which the sentence has not been fully satisfied and discharged;

(e) traffic-related convictions if the applicant is deemed a habitual offender on or after the date the board first received the application; or

(f) an outfitter or guide license in this or any other state that was ever suspended, revoked, surrendered, or subjected to restrictions or other sanctions of a similar gravity.

(2) The department may, but is not required to, submit any routine application for board review if the department finds inconsistencies, irregularities, or other matters of concern in the application or in the documentation related to the application.

(3) For the purposes of this rule, any reference to "pending charges" shall include, but not be limited to, deferred prosecutions that have not been dismissed as of the date that the application is first submitted to the board.

(4) Applications that are nonroutine for an outfitter license for the same reason that they were nonroutine as a guide license are, nonetheless, nonroutine for the outfitter license, which is a privilege to practice at a higher level of public trust.

History: 37-1-131, 37-47-201, MCA; IMP, 37-1-101, 37-1-131, 37-47-201, MCA; NEW, 2015 MAR p. 58, Eff. 1/30/15.

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