Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program
Rule 17.24.1219 - INDIVIDUAL CIVIL PENALTIES: PROCEDURE FOR ASSESSMENT
Universal Citation: MT Admin Rules 17.24.1219
Current through Register Vol. 6, March 22, 2024
(1) The department shall serve on each individual to be assessed an individual civil penalty a notice of violation and penalty order.
(2) The notice of violation and penalty order becomes a final order 30 days after service upon the individual unless:
(a) the individual
files within 30 days of service of the notice of violation and penalty order a
request for hearing pursuant to
82-4-254(3), MCA;
or
(b) the department and the
individual or responsible corporate permittee agree within 30 days of service
of the notice of proposed individual civil penalty assessment to a schedule or
plan for the abatement or correction of the violation, failure or
refusal.
(3) For purposes of this section, service is sufficient if it would satisfy Rule 4 of the Montana Rules of Civil Procedure for service of a summons and complaint.
(4) The hearing on the individual civil penalty must be a contested case hearing conducted in accordance with 82-4-206(2), MCA.
AUTH: 82-4-205, MCA; IMP: 82-4-254, MCA
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