44.12.217    CIVIL PENALTIES FOR DELAY IN FILING--OPTION FOR HEARING

(1) A person who fails to file a report within the time required by Title 5, chapter 7, MCA, is subject to the civil penalties set forth in 5-7-306 , MCA.

(2) A person against whom a civil penalty is imposed may request a hearing to contest the penalty by filing a written request for a hearing with the commissioner within ten days after receiving notice of imposition of the penalty.

(3) Upon receipt of a timely request for a hearing the commissioner will schedule an informal contested case hearing and will issue a notice of hearing specifying the date, time, and place of the hearing.

(4) A person who has requested a hearing will be given the option of waiving an in-person hearing by filing a written waiver form that will be provided by the commissioner. A person who waives an in-person hearing will be given an opportunity to submit a written statement or argument to the commissioner, in lieu of appearing in person to present evidence or arguments.

(5) An in-person hearing will be conducted pursuant to the procedure specified in 2-4-604 , MCA.

(6) The commissioner will consider any facts or circumstances in mitigation of the penalty through the evidence, statements, or arguments presented at the hearing or submitted by a person who has waived a hearing, and will issue a written decision, which will be a final decision in a contested case.

(7) A person who is aggrieved by the commissioner's decision may seek judicial review pursuant to Title 2, chapter 4, part 7, MCA.

History: 5-7-111, MCA; IMP, 5-7-306, MCA; NEW, 2004 MAR p. 1979, Eff. 8/20/04.