1. (1) When determining the amount of civil penalty imposed pursuant to 16-12-109, MCA, and rules of the department, the department shall consider aggravating and mitigating circumstances and the severity of the violation or violations as set forth in ARM 42.39.503.
2. (2) Upon reprimand or suspension of a license, the department shall also impose a civil penalty of not less than $100 and not more than $3,000 per violation.
3. (3) If a civil penalty is imposed in conjunction with a suspension, the licensee may not resume operations until it has paid the penalty in full.
4. (4) Failure to pay a civil penalty shall be considered a violation of department rule and could subject the licensee to further administrative proceedings.

Authorizing statute(s): 16-12-112, MCA

Implementing statute(s): 16-12-109, MCA

History: NEW, 2021 MAR p. 1964, Eff. 1/1/22.