4.11.914    PENALTY DETERMINATION

(1) �Each violation of Title 80, chapter 15, MCA, or rules adopted thereunder is considered a separate offense. As stated in 80-15-412, MCA each offense is subject to a separate penalty not to exceed $1,000, with the exception of farm applicators possessing a pesticide permit or using a fertilizer whose penalty cannot exceed $500 for the first offense.

(2) �The penalty matrices set forth in this rule establish the initial penalty value for each offense. The significance of the violation, the degree of care exercised and whether significant harm resulted to health, environment, agricultural crops or livestock may decrease or increase a penalty within the limits listed below. A person may present information on their ability to stay in business, as set forth in ARM 4.11.912, petitioning for a reduction in the proposed civil penalty. The department shall have the option to select the most appropriate penalty and penalty value for each and every violation of the act.

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AGRICULTURE PENALTY MATRIX
Type of Violation	1ST Offense	2ND Offense	3RD and Subsequent Offense
(a) �Violate any lawful ���� provision of a SMP:	100-1000	500-1000	750-1000
(b) �Violate any provision ���� of a lawful order:	100-1000	500-1000	750-1000
(c) �Violate any provision ���� of Title 80, chapter ���� 15, MCA;��	100-1000	500-1000	750-1000

History: Sec. 80-15-105, MCA; IMP, Sec. 80-15-412, MCA; NEW, 1990 MAR p. 2244, Eff. 12/28/90.