(1) The department may enter into a compliance agreement with any person.

(2) Compliance agreements may be used to meet quarantine requirements that facilitate import, export, handling, and movement of quarantine articles or items.

(3) Anyone who enters into a compliance agreement with the department must be able to demonstrate that they can meet or exceed all state and applicable federal requirements and must:

(a) Have good standing with the department.

(b) Not have an outstanding or past due account for any department program, service, or area of authority.

(c) Have all required licenses and/or registrations for all department programs and services.

(d) Not have any record of violation pertaining to a quarantine.

(e) Not have a record of any violation within any statute, administrative rule, procedure, or policy for which the department has authority and jurisdiction that:

(i) has occurred within the last two years; or

(ii) is a repeat violation, occurring during the past five years.

(f) Not have a record of any violation with any statute, administrative rule, procedure, or policy, within any state, that parallels a responsibility under the proposed compliance agreement.

(g) Have had no permit, agreement, or other authority rescinded, suspended, revoked, or terminated for cause.

(h) Meets all education, training, certification, accreditation, or other requirement to perform proposed activities or services.

(4) The department may require a bonded compliance agreement for certain activities.

(5) The department may charge a fee for a compliance agreement. The fee will be specific to the type and scope of the compliance agreement actions or services.

(6) The department may recognize and grant reciprocal agreements with other units of government provided the above conditions are met both in Montana and the state in which the person resides.

(7) All compliance agreements are subject to department oversight and may be subject to audit or inspection to ensure conformance with all compliance agreement conditions.

(8) All compliance agreements may be canceled by the department at any time.

History: 80-7-402, MCA; IMP, 80-7-402, MCA; NEW, 2009 MAR p. 343, Eff. 3/27/09.