Mont. Admin. R. 4.12.1306 - COMPLIANCE AGREEMENTS
(1) The department
may enter into a compliance agreement with any person.
(2) Compliance agreements may be used to meet
quarantine requirements that facilitate import, export, handling, and movement
of quarantine articles or items.
(3) Anyone who enters into a compliance
agreement with the department must be able to demonstrate that they can meet or
exceed all state and applicable federal requirements and must:
(a) Have good standing with the
department.
(b) Not have an
outstanding or past due account for any department program, service, or area of
authority.
(c) Have all required
licenses and/or registrations for all department programs and
services.
(d) Not have any record
of violation pertaining to a quarantine.
(e) Not have a record of any violation within
any statute, administrative rule, procedure, or policy for which the department
has authority and jurisdiction that:
(i) has
occurred within the last two years; or
(ii) is a repeat violation, occurring during
the past five years.
(f)
Not have a record of any violation with any statute, administrative rule,
procedure, or policy, within any state, that parallels a responsibility under
the proposed compliance agreement.
(g) Have had no permit, agreement, or other
authority rescinded, suspended, revoked, or terminated for cause.
(h) Meets all education, training,
certification, accreditation, or other requirement to perform proposed
activities or services.
(4) The department may require a bonded
compliance agreement for certain activities.
(5) The department may charge a fee for a
compliance agreement. The fee will be specific to the type and scope of the
compliance agreement actions or services.
(6) The department may recognize and grant
reciprocal agreements with other units of government provided the above
conditions are met both in Montana and the state in which the person
resides.
(7) All compliance
agreements are subject to department oversight and may be subject to audit or
inspection to ensure conformance with all compliance agreement
conditions.
(8) All compliance
agreements may be canceled by the department at any time.
Notes
80-7-402, MCA; IMP, 80-7-402, MCA;
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