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. Authorizing statute(s): Sec. 80-9-103 and 80-9-303 , MCA Implementing statute(s): Sec. 80-9-303 , MCA History: NEW, 2000 MAR p. 3333, Eff. 12/8/00.