24.301.1003    ASSESSMENT AND COLLECTION OF CIVIL PENALTIES

(1) The department shall contact each call center serving Montana to determine when the last 100 locate requests were made, or the number of locate requests made in the past 12 months. Each call center shall provide the requested information within seven days of the department's request.

(2) To timely issue civil penalties as required by 69-4-524 and 69-4-525, MCA, if a call center does not respond within ten days of a request, the department may issue a civil penalty based solely on the number of locate requests identified by the call center that takes locate requests for the area in which the incident occurred.

(a) For good cause shown, a party to whom a civil penalty has been issued pursuant to (2) may seek a recalculation of the penalty based on information received from all call centers.

(b) The department may withdraw a civil penalty if the underground facility owner, pursuant to 69-4-529, MCA, timely notifies the department that the civil penalty is not required.

(3) A party aggrieved by the imposition of a civil penalty may dispute the penalty as provided for in ARM 24.301.1009.

(4) The department may refer for debt collection any civil penalty that has not been disputed and remains unpaid for more than 75 days after issuance.

History: 69-4-522, MCA; IMP, 69-4-522, 69-4-524, 69-4-525, 69-4-529, 69-4-530, MCA; NEW, 2018 MAR p. 1827, Eff. 9/8/18; AMD, 2020 MAR p. 1840, Eff. 10/10/20.