4.11.916    DEGREE OF CARE

(1)  In determining the applicability of the degree of care, the following standards will apply:

(a)  Negligence means a failure to exercise reasonable care;

(b)  Reasonable care means that degree of care demonstrated with a knowledge of the nature and probable consequences of the act or omission that a prudent person would ordinarily exercise acting in their own concern;

(c)  Gross negligence means knowing, intentional or reckless conduct.

(2)  The department in its investigation and inspection of an alleged violation will attempt to determine and verify the degree of care exercised by a person. If a violation is substantiated the department will consider the degree of care exercised by a person in determining any administrative civil penalty.

(3)  The charged persons may present evidence of the degree of care exercised, which will be considered by the department for the purpose of determining and mitigating the amount of penalty.

History: Sec. 80-15-105, MCA; IMP, Sec. 80-15-412, MCA; NEW, 1990 MAR p. 2244, Eff. 12/28/90.