4.10.104 JUDGEMENT OF DAMAGES AND/OR INJURY
(1) A judgement rendered in any
court of competent jurisdiction, of this state or any other state, or of the
United States, against a licensee or certificate holder, upon a cause of action
arising out of any pesticide use, misuse, or attempted use or application,
filed with the department; and a written agreement, mutually agreed upon
between the licensee and the individual experiencing property damage or bodily
injury, as to the fact of damages and the dollar value thereof, duly notarized
and filed with the department, are for all purposes within these rules,
denominated as judgements.
(2) No licensee nor certificate holder shall
permit any judgement against him for damages or injury arising out of his
pesticide operation to remain unsatisfied for a period of more than thirty (30) calendar days.
(3) Individuals experiencing non-crop
vegetative damage, may upon mutual agreement with the licensee, reduced to
writing, duly notarized, filed with the department, delay the final
determination of the dollar amount of the damage,
judgement thereon, for a period of time, not to exceed one year from the date
damage is first observed by the damaged party.
(4) Individuals experiencing crop damage may,
upon mutual agreement with the licensee, reduced to writing, duly notarized,
filed with the department, delay the final determination of the dollar amount
of crop damage for a period of time, not to exceed sixty (60) days following
the completion of harvest on the crops and fields allegedly damaged, provided
that the licensee and the individual experiencing crop damage provide an
estimate to the department of the approximate dollar value of the damages, and
if necessary, that the licensee provides evidence of damaged party for the
estimated damages and still maintain his minimum required financial
responsibility under ARM 4.10.101.
History: Sec. 80-8-105 MCA; IMP, 80-8-214, MCA; NEW, 1979 MAR p. 437, Eff. 5/11/79.