Mont. Admin. r. 44.12.217

Current through Register Vol. 20, October 18, 2024
Rule 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.

Mont. Admin. r. 44.12.217

NEW, 2004 MAR p. 1979, Eff. 8/20/04.

5-7-111, MCA; IMP, 5-7-306, MCA;