Rule 24.171.410 - OUTFITTER'S ASSISTANTS(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) For each outfitter's assistant employed or contracted with by an outfitter, the following documentation procedures shall be followed: (a) The outfitter's assistant shall have in the outfitter's assistant's possession the form prescribed by the department that shall provide the information required by (b)(i) through (b)(iii), along with the first date the outfitter's assistant serves a client.(b) Within 15 days of the first date the outfitter's assistant serves any client, the outfitter shall submit to the department the fee required in ARM 24.171.401 along with the following information either electronically or on a form prescribed by the department: (i) the name, license number, address, phone number, and e-mail address of the outfitter;(ii) the signature of the outfitter;(iii) the name, date of birth, address, phone number, and e-mail address of the outfitter's assistant;(iv) the beginning and ending dates of the service period;(v) an explanation of the emergency causing the need to employ or contract with the outfitter's assistant;(vi) an explanation for why the outfitter's assistant could not obtain a guide license before serving a client;(vii) a statement indicating whether the outfitter's assistant has applied for a guide license; and(viii) an affidavit by the outfitter that the outfitter has complied with all laws and rules relating to outfitter's assistants. (3) 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.Mont. Admin. r. 24.171.410
NEW, 2015 MAR p. 58, Eff. 1/30/2015; NEW, 2015 MAR p. 269, Eff. 3/13/2015; AMD, 2018 MAR p. 1731, Eff. 8/25/2018; AMD, 2021 MAR p. 1407, Eff. 10/23/2021; AMD, 2024 MAR p. 2149, Eff. 9/7/2024AUTH: 37-1-131, 37-47-201, MCA; IMP: 37-1-131, 37-47-101, 37-47-201, 37-47-301, 37-47-325, 37-47-404, 37-47-405, MCA