ARM 17.4.301. PURPOSE

(1) This subchapter implements 75-1-1001 and 82-4-1001, MCA, which provide factors for calculating penalties assessed under: (a) Title 75, chapters 2, 5, 6, 11 and 20, MCA; (b) Title 75, chapter 10, parts 2, 4, 5 and 12, MCA; (c) Title 76, chapter 4, MCA; and (d) Title 82, chapter 4, parts 1, 2, 3, and 4, MCA. (2) The purpose of the penalty calculation process is to calculate a penalty that is commensurate with the severity of the violation, that provides an adequate deterrent, and that captures the economic benefit of noncompliance. The department shall provide a copy of the penalty calculation to the alleged violator. (3) The department may not assess a penalty that exceeds the maximum penalty amount authorized by the statutes listed in (1).