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

   1. (a) violations that occur through little or no negligence may decrease the penalty;
   2. (b) violations that occur through negligence may have a neutral effect in either decreasing or increasing the penalty; and
   3. (c) violations that occur as a result of gross negligence may increase the penalty.

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

   1. (a) "no negligence" means an inadvertent violation which was unavoidable by the exercise of reasonable care;
   2. (b) "negligence" means a failure to exercise reasonable care;
   3. (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
   4. (d) "gross negligence" means knowing, intentional or reckless conduct.

Authorizing statute(s): Sec. 80-9-103 and 80-9-303, MCA

Implementing statute(s): Sec. 80-9-303, MCA

History: NEW, 2000 MAR p. 3333, Eff. 12/8/00.