4.10.1008 DEGREE OF CARE - VIOLATIONS OTHER THAN MISUSE
(1) For purposes of 80-8-306(5) (b) (ii) through (vi) , MCA a violation is deemed to have occurred if the conduct falls
under any of the enumerated categories, without regard to the standard of care
exercised. However, the department may consider evidence thereof for purposes
of determining and mitigating the amount of penalty. To the extent they are
applicable, the department will evaluate the standard of care in the same
manner as is stated for determining misuse under ARM 4.10.1007.
History: Sec. 80-8-105, MCA; IMP, Sec. 80-8-306, MCA; NEW, 1986 MAR p. 1013, Eff. 6/13/86.