1. (1) Pursuant to 77-1-804(8), MCA, if the department and the Department of Fish, Wildlife and Parks consent to and sign an agreement for general recreational use as provided in 77-1-815, MCA, a person who violates a department rule that governs general recreational use is guilty of a misdemeanor.

2. (2) The department may assess a civil penalty of up to $1,000 per day for a violation of ARM 36.25.1201 through 36.25.1210, unless a criminal penalty has been assessed for the violation.

   1. (a) The department shall consider the following factors to determine the amount of a civil penalty:

      1. (i) number of previous violations;
      2. (ii) severity of the infraction; and
      3. (iii) whether the violation was intentional or unintentional.
   2. (b) The penalty may be waived for minor or technical violations.
   3. (c) Before assessing a penalty for a civil violation, the department will give the person cited a violation notice that describes the facts and circumstances alleged to have occurred.
   4. (d) The person has 15 days to respond in writing to the violation notice.
   5. (e) Upon receipt of the response or expiration of the response period, the department shall either withdraw the notice of violation or assess a penalty. The department shall provide notice of its decision by certified mail.
   6. (f) The person may request a hearing within 30 days of receiving the department's notice of penalty assessment. The request for hearing must state the reasons that the person is contesting assessment of the penalty.

   7. (g) If a hearing request is received by the department:

      1. (i) The department shall hold a contested case hearing in accordance with the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA.
      2. (ii) The hearing must be conducted by a hearing officer appointed by the director.
      3. (iii) After the hearing, the department shall, within 60 days issue its findings of fact and conclusions of law and final order dismissing the violation or assessing a penalty.
   8. (h) A person shall pay an assessed penalty within 30 days of receipt of the notice of decision described under (2)(e), within 30 days of the final order if a hearing is requested, or within such additional time if granted by the department.
   9. (i) The assessment of civil penalty is appealable to district court pursuant to Title 2, chapter 4, part 7, MCA.

Authorizing statute(s): 77-1-209, 77-1-804, MCA

Implementing statute(s): 77-1-804, MCA

History: NEW, 2025 MAR, Notice No. 2025-91, Eff. 11/8/25.