Administrative Rules of Montana
Department 4 - AGRICULTURE
Chapter 4.12 - AGRICULTURAL SCIENCES DIVISION
Subchapter 4.12.4 - Commercial Feed Enforcement and Penalties
Rule 4.12.405 - DEGREE OF CARE
Universal Citation: MT Admin Rules 4.12.405
Current through Register Vol. 18, September 20, 2024
(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.
Sec. 80-9-103 and 80-9-303, MCA; IMP, Sec. 80-9-303, MCA;
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