75-2-515. Administrative enforcement. (1) The department may deny, suspend, or revoke the accreditation of a person that:
     (a) fraudulently or deceptively obtains or attempts to obtain accreditation;
     (b) fails to meet the qualifications for accreditation or fails to comply with the requirements of this part, a rule adopted under this part, or a permit or order issued under this part; or
     (c) fails to meet an applicable federal or state standard for asbestos projects.
     (2) When the department believes that a violation of this part, a rule adopted under this part, or a permit or order issued under this part has occurred, it may serve written notice of the violation personally or by certified mail on the alleged violator or the violator's agent. The notice must specify the provision of this part or the rule, permit, or order alleged to be violated and the facts alleged to constitute a violation. The notice may include an order to take necessary corrective action within a reasonable period of time stated in the order, or an order to pay an administrative civil penalty, or both. An order becomes final unless, within 30 days after the order is received, the person that has been named requests, in writing, a hearing before the board.
     (3) On receipt of a hearing request, the board shall schedule a hearing. The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to any hearing conducted under this section. If, after a hearing, the board finds that a violation has not occurred or is not occurring, it shall rescind the order.
     (4) (a) An action initiated under this section may include an administrative civil penalty of not more than $10,000 for each day of each violation, not to exceed a total of $80,000. Any order issued by the department under this section requiring payment of an administrative civil penalty must specify the basis for the penalty assessment.
     (b) A penalty may not be assessed under this section for any day of violation that occurred more than 3 years prior to the department issuing the order requiring payment of the penalty.
     (c) In determining the amount of a penalty assessed to a person under this section, the department shall consider:
     (i) the seriousness of the violation;
     (ii) the duration of the violation;
     (iii) any economic benefit derived from the violation;
     (iv) the person's good faith efforts to comply with the requirements in question;
     (v) the person's compliance history;
     (vi) the person's ability to pay a penalty; and
     (vii) other matters as justice may require.
     (5) In addition to or instead of issuing an order under subsection (2), the department may:
     (a) require the alleged violator to appear before the board for a hearing at a time and place specified in the notice of hearing to answer the charges complained of; or
     (b) initiate action under 75-2-514.

     History: En. Sec. 3, Ch. 293, L. 1999.