Rule 17.24.132 - ENFORCEMENT: PROCESSING OF ADMINISTRATIVE DEFICIENCY NOTICES, WARNINGS, VIOLATIONS, AND PENALTIES(1) The department shall issue an administrative deficiency notice for a deficiency in reporting, record keeping, fee payment, or notification that the department determines is minor in nature, is not substantive, and is unlikely to reoccur. The recipient of an administrative deficiency notice must reply with a written response within 30 days of receipt of an administrative deficiency notice.(2) Except as provided in (5), the department shall send a letter of warning or violation for a violation of the Act, this subchapter, or the permit, license, or exclusion; or for failing to address a deficiency identified in an administrative deficiency notice within 30 days of receipt of the administrative deficiency notice. The letter of warning or violation must be served and must state that the alleged violator may, by filing a written response within a time specified in the notice, provide facts to be considered in further assessing whether a violation occurred and in assessing the penalty under (3).(3) The department may issue a notice of violation and administrative order for a violation identified in a letter of warning or violation. The administrative order may assess a penalty, require corrective action, or both.(4) The alleged violator may, within 30 days of service of the notice of violation and order, respond in writing and may request an informal conference, a contested case hearing, or both, on the issues of whether the violation occurred, whether the corrective action ordered by the department is reasonable, and whether the penalty assessed is proper.(5) If a contested case hearing has not been requested within 30 days of the date of service of the order, the notice of violation and order become final. If a contested case hearing has been requested, the board shall hold a hearing, make the findings of fact, issue the decision, and, if a violation is found, order payment of any penalty as provided in 82-4-361, MCA.Mont. Admin. r. 17.24.132
NEW, 1994 MAR p. 2952, Eff. 11/11/94; AMD, 1996 MAR p. 2586, Eff. 10/4/96; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 640, Eff. 4/9/99; AMD, 2006 MAR p. 1139, Eff. 5/5/06; AMD, 2024 MAR p. 1060, Eff. 5/11/2024AUTH: 82-4-321, MCA; IMP: 82-4-337, 82-4-339, 82-4-361, MCA