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This is an obsolete version of the rule. Please click on the rule number to view the current version.

17.56.120    NOTICE OF ASSESSMENT OF ADMINISTRATIVE PENALTY

(1) When the department assesses an administrative penalty under these rules, the department shall serve written notice on the alleged violator or the alleged violator’s agent personally or by certified mail. Service by mail is complete on the day of receipt. The notice must state:

(a) the provisions alleged to be violated;

(b) the facts alleged to constitute the violation;

(c) the amount of the administrative penalty assessed under these rules;

(d) the amount, if any, of the penalty to be suspended upon correction of the condition that caused the assessment of the penalty;

(e) the nature of the corrective action that the department requires, whether or not a portion of the penalty is to be suspended;

(f) an estimate of the costs of compliance with the corrective action;

(g) where to receive help to correct the alleged violation;

(h) as applicable, the time within which the corrective action is to be taken and the time within which the administrative penalty is to be paid;

(i) the right to appeal or to a hearing to mitigate the penalty assessed and the time, place, and nature of any hearing; and

(j) that a formal proceeding may be waived.

History: 75-11-505, MCA; IMP, 75-11-505, 75-11-525, MCA; NEW, 1998 MAR p. 1739, Eff. 6/26/98.

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