36.25.157 GENERAL RECREATIONAL USE OF STATE LANDS: CIVIL PENALTIES
(1) Pursuant to 77-1-804(8) , MCA,
the department may assess against a recreationist, lessee, or other person a
civil penalty of up to $1,000 for each day of violation of ARM
36.25.146, ARM 36.25.149, ARM 36.25.150, ARM 36.25.152, ARM 36.25.153, or ARM
36.25.163. The department may waive the civil penalty for minor or technical
violations and shall waive the civil penalty if a criminal penalty has been assessed
for the violation.
(2) In determining the amount of civil
penalty, the department shall consider the following factors:
(a) number of previous violations;
(b) severity of the infraction; and
(c) whether the violation was intentional
(3) A person against whom the department
proposes to assess a civil penalty is entitled to a contested case hearing in
accordance with the Montana Administrative Procedure Act, Title 2, chapter 4,
part 6, MCA, on the questions of whether a violation was committed and the
amount of the penalty. The hearing must be conducted by a hearing officer
appointed by the director. The department shall notify the individual of the
violation, setting forth in the notice the specific facts which the department
alleges to constitute the violation. The notice shall be served by certified
mail or in person by a department employee, sheriff or deputy, fish and game
warden, or registered process server. The notice must give the person at least
15 days to respond to the violation notice. Upon receipt of the response or
expiration of the period allotted for response, the department shall either
withdraw the notice of violation or provide its rationale for pursuing the
violation and a proposed penalty. Service of the response and proposed penalty
must be made in the same manner as the notice of violation. The person is
entitled to a hearing on the existence of the violation, the amount of proposed
penalty, or both, if he or she requests a hearing within 30 days of receipt of
the department's response and proposed penalty. The request for hearing must
set forth a statement of the reasons that the person is contesting assessment
of the penalty.
(4) Upon conclusion of the
hearing, the department shall, within 60 days, issue its findings of fact and
conclusions of law and order dismissing the violation or assessing a penalty.
If a civil penalty is assessed, the person shall pay the penalty within 30 days of receipt of the order or such
additional time as is granted by the department.
(5) The assessment of the civil
penalty is appealable to district court pursuant to Title 2, chapter 4, part 7,
History: 77-1-209 and 77-1-804, MCA; IMP, 77-1-804, MCA; NEW, 1992 MAR p. 568, Eff. 3/27/92; AMD, 1994 MAR p. 1844, Eff. 7/8/94; AMD, 1994 MAR p. 2002, Eff. 7/22/94; TRANS, 1996 MAR p. 2384.