Administrative Rules of Montana › Department 4 - AGRICULTURE › Chapter 4.5 - NOXIOUS WEED MANAGEMENT › Subchapter 4.5.3 - Noxious Weed Seed Free Forage › Rule 4.5.316 - CIVIL PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) Whenever the
				department has reason to believe that a violation of Title 80, chapter 7, part
				9, MCA, or any adopted rule thereunder has occurred, it may initiate a civil
				penalty action pursuant to the Montana Administrative Procedure Act.
(2) Each violation shall be considered a
				separate offense and is subject to a separate penalty not to exceed $1,000. A
				repeat violation shall be considered a first violation if it occurred three or
				more years after the previous violation.
(3) The penalty matrix set forth in this rule
				establishes the basic penalty value for each offense. Factors dealing with the
				violation may causes the matrix penalty to increase or decrease. Examples of
				such factors would be the person's history of compliance or noncompliance or
				the extent of the person's actions to sell forage or designate or imply forage
				as being certified when it does not meet state certification requirements. (4)
				Penalty matrix:
Type of violation:
1st Offense
2nd Offense
3rd Offense
(a) Violate any lawful order, stop sale, use or
							 removal order; or condemnation action;
$250
$500
$1,000
(b) to certify or sell or advertise as certified, as
							 noxious weed seed free any forage as free from noxious weed seed within the
							 state, unless forage is identified under a department approved process of
							 certification;
$250
$500
$1,000
(c) to transport into, offer for sale, sell or use
							 forage as noxious weed seed free, from another state, province, or country,
							 unless the forage meets state certification standards or is allowed by an
							 agreement between the department and another government agency;
$250
$500
$1,000
(d) for a public utility or a local, county, state or
							 federal agency to use forage products that have not been certified which may
							 include but are not limited to: mulches, bedding materials and erosion control
							 barriers;
$250
$500
$1,000
(e) for public utilities, local, county, state or
							 federal agencies to use seed for reclamation purposes that is not free of
							 noxious weed seeds and certified according to Title 80, chapter 5, MCA;
$250
$500
$1,000
(f) to improperly pay any application or certification
							 fee or refuse to pay for any inspection fees or department approved
							 identification markers;
$250
$500
$1,000
(g) for an agent to falsify a certificate of
							 inspection;
$250
$500
$1,000
(h) for an agent to improperly deposit, collect or use
							 any certificate or inspection fees or fail to document and submit any required
							 records to the department;
$250
$500
$1,000
(i) to transport certified forage in a restricted area
							 without a transportation certificate or identification markers;
$250
$500
$1,000
(j) to falsify or alter a transportation certificate;
$250
$500
$1,000
(k) for an agent to violate any provisions of a
							 contract with the department.
$250
$500
$1,000
80-7-909, MCA;
					 IMP,
					 80-7-922,
					 MCA;