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4.12.405    DEGREE OF CARE

(1)  The department will consider degree of care exercised by the charged person for purposes of decreasing or increasing civil penalty amounts:

(a)  violations that occur through little or no negligence may decrease the penalty;

(b)  violations that occur through negligence may have a neutral effect in either decreasing or increasing the penalty; and

(c)  violations that occur as a result of gross negligence may increase the penalty.

(2)  In determining the applicability of the above, the following definitions will apply:

(a)  "no negligence" means an inadvertent violation which was unavoidable by the exercise of reasonable care;

(b)  "negligence" means a failure to exercise reasonable care;

(c)  "reasonable care" means a degree of care demonstrated with a knowledge of the nature and probable consequences of the violation that a prudent person would ordinarily exercise in acting in their own concern; and

(d)  "gross negligence" means knowing, intentional or reckless conduct.

History: Sec. 80-9-103 and 80-9-303, MCA; IMP, Sec. 80-9-303, MCA; NEW, 2000 MAR p. 3333, Eff. 12/8/00.

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