Mont. Admin. R. 4.12.405 - DEGREE OF CARE
(1) The department
will consider degree of care exercised by the charged person for purposes of
decreasing or increasing civil penalty amounts:
(a) violations that occur through little or
no negligence may decrease the penalty;
(b) violations that occur through negligence
may have a neutral effect in either decreasing or increasing the penalty;
and
(c) violations that occur as a
result of gross negligence may increase the penalty.
(2) In determining the applicability of the
above, the following definitions will apply:
(a) "no negligence" means an inadvertent
violation which was unavoidable by the exercise of reasonable care;
(b) "negligence" means a failure to exercise
reasonable care;
(c) "reasonable
care" means a degree of care demonstrated with a knowledge of the nature and
probable consequences of the violation that a prudent person would ordinarily
exercise in acting in their own concern; and
(d) "gross negligence" means knowing,
intentional or reckless conduct.
Notes
Sec. 80-9-103 and 80-9-303, MCA; IMP, Sec. 80-9-303, MCA;
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