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(1) Except as provided in (4), the department shall send a violation letter for a violation of the Act, this subchapter, or the permit, license, or exclusion. The violation letter must be served and must state that the alleged violator may, by filing a written response within a time specified in the notice, provide facts to be considered in further assessing whether a violation occurred and in assessing the penalty under (2).

(2) The department may issue a notice of violation and administrative order for a violation identified in a violation letter. The administrative order may assess a penalty, require corrective action, or both.

(3) The alleged violator may, within 30 days of service of the notice of violation and order, respond in writing and may request an informal conference, a contested case hearing, or both, on the issues of whether the violation occurred, whether the corrective action ordered by the department is reasonable, and whether the penalty assessed is proper.

(4) If a contested case hearing has not been requested within 30 days of the date of service of the order, the notice of violation and order become final. If a contested case hearing has been requested, the board shall hold a hearing, make the findings of fact, issue the decision, and, if a violation is found, order payment of any penalty as provided in 82-4-361, MCA.


History: 82-4-321, MCA; IMP, 82-4-337, 82-4-339, 82-4-361, MCA; NEW, 1994 MAR p. 2952, Eff. 11/11/94; AMD, 1996 MAR p. 2586, Eff. 10/4/96; TRANS, from DSL, 1996 MAR p. 2852; AMD, 1999 MAR p. 640, Eff. 4/9/99; AMD, 2006 MAR p. 1139, Eff. 5/5/06.

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