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(1) In order to determine when the last 100 locate requests were made, or the number of locate requests made in the past 12 months, the department shall contact each call center serving Montana to obtain that information. Each call center shall provide the requested information within seven days of the department's request.

(2) In order to timely issue civil penalties as required by 69-4-524 and 69-4-525, MCA, if both call centers do not respond within ten days of a request, the department may issue a civil penalty based solely on the number of locate requests identified by the call center in which the event or incident occurred.

(a) For good cause shown, a party to whom a civil penalty has been issued pursuant to (2) may seek a recalculation of the penalty based on information received from both call centers.

(b) The department may withdraw a civil penalty if the underground facility owner, pursuant to 69-4-529, MCA, timely notifies the department that the civil penalty is not required.

(3) A party aggrieved by the imposition of a civil penalty may contest the penalty as provided for in ARM 24.301.1009.

(4) A civil penalty that has not been contested and which remains unpaid for more than 75 days after it was issued may be referred by the department for collection of the debt.


History: 69-4-522, MCA; IMP, 69-4-522, 69-4-524, 69-4-525, 69-4-529, 69-4-530, MCA; NEW, 2018 MAR p. 1827, Eff. 9/8/18.

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