4.12.405 DEGREE OF CARE
(1) The department will consider degree of care
exercised by the charged person for purposes of decreasing or increasing civil
(a) violations that occur through little or no
negligence may decrease the penalty;
(b) violations that occur through negligence may
have a neutral effect in either decreasing or increasing the penalty; and
(c) violations that occur as a result of gross
negligence may increase the penalty.
(2) In determining the applicability of the
above, the following definitions will apply:
(a) "no negligence" means an
inadvertent violation which was unavoidable by the exercise of reasonable care;
(b) "negligence" means a failure to
exercise reasonable care;
(c) "reasonable care" means a degree
of care demonstrated with a knowledge of the nature and probable consequences
of the violation that a prudent person would ordinarily exercise in acting in
their own concern; and
(d) "gross negligence" means knowing,
intentional or reckless conduct.
History: Sec. 80-9-103 and 80-9-303, MCA; IMP, Sec. 80-9-303, MCA; NEW, 2000 MAR p. 3333, Eff. 12/8/00.