4.12.405 DEGREE OF CARE
(1) The department will consider degree of care
exercised by the charged person for purposes of decreasing or increasing civil
penalty amounts:
(a) violations that occur through little or no
negligence may decrease the penalty;
(b) violations that occur through negligence may
have a neutral effect in either decreasing or increasing the penalty; and
(c) violations that occur as a result of gross
negligence may increase the penalty.
(2) In determining the applicability of the
above, the following definitions will apply:
(a) "no negligence" means an
inadvertent violation which was unavoidable by the exercise of reasonable care;
(b) "negligence" means a failure to
exercise reasonable care;
(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
(d) "gross negligence" means knowing,
intentional or reckless conduct.
History: Sec. 80-9-103 and 80-9-303, MCA; IMP, Sec. 80-9-303, MCA; NEW, 2000 MAR p. 3333, Eff. 12/8/00.