1. (1) The look back period for all offenses is five years prior to the occurrence of the new violation, except for when operating as a commodity dealer without a license, which is eight years.

   Violation

   1st time (or accidental)

   2nd (or intentional)

   3rd

   Required paperwork submitted one month or more late or incomplete with no risk to the farmer/customer

   Warning

   Warning

   $100 dollars per additional month and possible suspension of license until the paperwork is submitted

   Required paperwork submitted one month or more late or incomplete paperwork, with risk to the farmer/customer

   Warning

   $250 dollars per additional month and possible suspension of license until the paperwork is submitted

   $250 dollars per additional month and possible revocation of license

   Required language not included in commodity contract (i.e., deferred payment) or warehouse receipt not provided

   Warning

   $100 per contract or missing receipt up to a maximum fine of $5000

   $200 per contract or missing receipt up to a maximum fine of $10,000 and possible revocation of license

   Paperwork includes false or misleading material statements about buying, financial records, bonding, warehouse receipts, or storage capacity

   Up to $250 and possible suspension of license until the paperwork is corrected

   The lowest corrected bonding cost amount or $10,000, possible suspension, or revocation of license

   The lowest corrected bonding cost amount or $100,000, or revocation of license

   Failure to post required testing information or retain samples as required by law

   Warning

   $250

   $500

   Operating as a commodity dealer or warehouse without a license

   The higher bonding cost amount or $500

   The higher bonding cost amount or $10,000 (no more than $100,000)

Authorizing statute(s): 80-4-403, 80-4-429, MCA

Implementing statute(s): 80-4-421, 80-4-426, 80-4-427, 80-4-428, 80-4-429, 80-4-502, 80-4-601, MCA

History: NEW, 2020 MAR p. 1019, Eff. 6/13/20.