(1) In determining the applicability of the degree of
care, the following standards will apply:
(a) Negligence means a failure to exercise
(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
(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.