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18.8.902    ADMINISTRATIVE PENALTIES

(1) The following administrative penalties will result from the violations of a special permit issued to the permittee:

(a) First violation - re-issue new permit.

(b) Second violation - 24-hour suspension.

(c) Third violation - 30-day suspension.

(d) Fourth violation - 60-day suspension.

(e) Fifth violation - 90-day suspension.

(f) For violations exceeding the fifth violation, the permittee must apply in writing to the administrator of the motor carrier services division for a new permit.

(2) In addition to the penalties set forth above, in order to protect the safety of the traveling public, permit privileges may be revoked by the administrator of the motor carrier services division for failure by the permittee to comply with any state or federal commercial motor carrier requirements.  In making a determination whether to revoke permit privileges under this rule, the administrator shall take into consideration the nature and number of violations by the permittee as well as the need to protect the safety of the traveling public and the protection of personal and public property.

(3) Notice of administrative penalties or revocation of privileges pursuant to this rule shall:

(a) be given in writing;

(b) clearly state the reason or reasons for revocation; and

(c) advise the permittee of the right to appeal the decision to the Montana transportation commission.

History: This rule is advisory only but may be a correct interpretation of the law. 61-10-155, MCA; IMPLIED, 61-10-121, 61-10-122, and 61-10-143, MCA; IMP, 61-10-121, 61-10-122, 61-10-123, and 61-10-143, MCA; Eff. 12/31/72; AMD, 1988 MAR p. 1704, Eff. 7/29/88; AMD, 2004 MAR p. 2392, Eff. 10/8/04.

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