4.12.1307 VIOLATIONS AND PENALTIES
|
(1) Violation Schedule |
1st
Offense |
Subsequent
Offense |
|
(a) Selling, distributing, propagating, rearing, planting, releasing, moving, or transporting a regulated article without a permit or compliance agreement. |
$2,500 |
$5,000 |
|
(b) Knowingly bringing plants, plant matter, propagative plant parts, plant products, or any associated material into the state that is diseased, infected, or infested whether it is quarantined or not. |
$2,500 |
$5,000 |
|
(c) Bringing a quarantined regulated article into the state without a required permit. |
$2,500 |
$5,000 |
|
(d) Failure to obtain a permit. |
$1,000 |
$5,000 |
|
(e) Failure to have a required permit or other required document with a quarantined item. |
$1,000 |
$5,000 |
|
(f) Failure to provide required notification. |
$1,000 |
$5,000 |
|
(g) Failure to follow any required safeguard not resulting in harm. |
$1,000 |
$5,000 |
|
(h) Failure to follow any required safeguard that resulted in harm. |
$2,500 |
$5,000 |
|
(i) Failure to keep required records. |
$1,000 |
$5,000 |
|
(j) Failure to release or allow access to records pertaining to a quarantine, order, permit, or compliance agreement. |
$2,500 |
$5,000 |
|
(k) Falsifying any record or document related to a quarantine, order, permit, or compliance agreement, including, but not limited to all sales, handling, shipping, transporting, importing, and exporting and any invoice, bill of lading, permit, seal, or certificate. |
$2,500 |
$5,000 |
|
(l) Interfering with or preventing an inspection or investigation. |
$2,500 |
$5,000 |
|
(m) Failure to be in compliance with a quarantine requirement. |
$2,500 |
$5,000 |
|
(n) Noncompliance with any state or federal quarantine, order, permit condition or requirement, or compliance agreement that did not cause harm. |
$2,500 |
$5,000 |
(o) Noncompliance with any state
or federal quarantine, order, permit
condition or requirement, or compliance
agreement that caused harm. |
$5,000 |
$5,000 |
(p) Any other violation of the
Quarantine Act or these rules that did not
cause harm. |
$2,500 |
$5,000 |
(q) Any other violation of the
Quarantine Act or these rules that caused
harm. |
$5,000 |
$5,000 |
(2) Violation of a quarantine permit, import permit, or compliance agreement may result in suspension of a permit or compliance agreement or denial of a future request for a permit or compliance agreement.
(3) Anyone who violates these rules is acting negligently, if not intentionally, and is liable for all harm they cause and may be liable for all costs associated with, but not limited to, trapping, monitoring, surveying, analysis, testing, containment, eradication, control, management, disposition, destruction, restoration, and other measures deemed necessary by the department.
(4) At the department's discretion, each continued day of violation can be a separate offense. History: 80-7-402, MCA; IMP, 80-7-402, MCA; NEW, 2009 MAR p. 343, Eff. 3/27/09; AMD, 2012 MAR p. 498, Eff. 3/9/12.
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