Mont. Admin. R. 4.10.501 - APPLICATION FOR LICENSE
(1) A person
applying for a commercial pesticide dealer's license shall make application for
the license on a standard application form provided by the department. Each
application shall be completed in its entirety and the licensing fee paid prior
to processing by the department. Incomplete applications will be returned to
the applicant.
(2) Non-resident
applicants shall be required to submit the license application, fee, and a
completed form of service of process in the state prior to processing the
application by the department. The form shall be accompanied by the appropriate
fee for filing, payable to the secretary of state. The service of process shall
remain valid until cancelled or modified.
(3) A non-resident corporation, which has an
effective certificate of authority to transact its business in Montana, filing
the service of process shall appoint its own resident agent or attorney upon
whom service of process may be made in such causes of action, and such service
when so made shall be valid service on the agent or attorney. Service of
process for these corporations shall apply to all employees transacting
business in the state. The corporation shall provide to the department a list
of its employees, if more than one, the subsequent revisions of the list for
those employees licensed or to be licensed as dealers.
(4) A non-resident individual or partnership
may designate the secretary of state as its lawful agent or attorney upon whom
service of process may be made in such causes of action, and such service when
so made shall be valid service on the secretary of state. Service of process
for individuals or partnerships shall apply to all employees transacting
business in the state. The individuals or partnership shall provide to the
department a list of the employees and subsequent revision of the list for
those employees licensed or to be licensed as pesticide dealers.
(5) A non-resident corporation which does not
have an effective certificate of authority from the secretary of state to
transact its business in Montana and which does not transact business in
Montana so as to require it to procure such a certificate of authority may
designate the secretary of state as its lawful agent or attorney upon whom
service of process may be made in such causes of action, and such service when
so made shall be valid service on the secretary of state. Service of process
for corporations shall apply to all employees transacting business in the
state. The corporation shall provide to the department a list of its employees
and subsequent revision of the list for those employees licensed or to be
licensed as pesticide dealers.
(6)
Pesticide dealer outlets with a licensed dealer shall be required to list the
names and address of all their employee pesticide field men and salesmen
employed directly out of the same outlet as the licensed dealer. These
employees traveling and transacting pesticide sales in the state shall be
required to possess and carry credentials stating that the employee is
transacting business under the name and license number of a licensed dealer.
The department will provide the necessary credentials to the licensed dealer
for the field men and salesmen listed on the application. Dealers may request
additional field men or salesmen credentials for new employees provided that
the dealers shall return to the department any credentials for those employees
terminated or no longer supervised by the dealer. Dealers and dealer field men
or salesmen shall be required upon request to show their license or license
credentials to any buyer of a pesticide or to employees of the
department.
Notes
80-8-105, MCA; IMP, 80-8-105, 80-8-207, MCA;
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