Administrative Rules of Montana
Department 4 - AGRICULTURE
Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION
Subchapter 4.12.10 - Grain Rules
Rule 4.12.1033 - PENALTY MATRIX FOR COMMODITY DEALERS AND WAREHOUSE LAWS
Current through Register Vol. 6, March 22, 2024
(1) The look back period for all offenses is five years prior to the occurrence of the new violation, except for when operating as a commodity dealer without a license, which is eight years.
|
Violation |
1st time (or accidental) |
2nd (or intentional) |
3rd |
|
Required paperwork submitted one month or more late or incomplete with no risk to the farmer/customer |
Warning |
Warning |
$100 dollars per additional month and possible suspension of license until the paperwork is submitted |
|
Required paperwork submitted one month or more late or incomplete paperwork, with risk to the farmer/customer |
Warning |
$250 dollars per additional month and possible suspension of license until the paperwork is submitted |
$250 dollars per additional month and possible revocation of license |
|
Required language not included in commodity contract (i.e., deferred payment) or warehouse receipt not provided |
Warning |
$100 per contract or missing receipt up to a maximum fine of $5000 |
$200 per contract or missing receipt up to a maximum fine of $10,000 and possible revocation of license |
|
Paperwork includes false or misleading material statements about buying, financial records, bonding, warehouse receipts, or storage capacity |
Up to $250 and possible suspension of license until the paperwork is corrected |
The lowest corrected bonding cost amount or $10,000, possible suspension, or revocation of license |
The lowest corrected bonding cost amount or $100,000, or revocation of license |
|
Failure to post required testing information or retain samples as required by law |
Warning |
$250 |
$500 |
|
Operating as a commodity dealer or warehouse without a license |
The higher bonding cost amount or $500 |
The higher bonding cost amount or $10,000 (no more than $100,000) | |
AUTH: 80-4-403, 80-4-429, MCA; IMP: 80-4-421, 80-4-426, 80-4-427, 80-4-428, 80-4-429, 80-4-502, 80-4-601, MCA
