Montana Code Annotated 1995

MCA ContentsSearchPart Contents


     39-9-406. Notice of infraction -- form. The form of the notice of the infraction issued under this chapter must include a statement:
     (1) that the notice represents a determination that the infraction has been committed by the contractor named in the notice and that the determination is final unless contested as provided in this chapter;
     (2) that the infraction is a civil offense;
     (3) of the specific violation that necessitated the issuance of the notice of infraction;
     (4) of penalty involved if the infraction is established;
     (5) of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
     (6) that at a hearing to contest the notice of infraction, the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed and that the contractor may subpoena witnesses, including the compliance inspector who issued and served the notice of infraction;
     (7) signed by the person who has been served with the notice of infraction that the contractor promises to respond to the notice of infraction in one of the ways provided in this chapter;
     (8) that refusal to sign the notice of infraction as directed in subsection (7) is a misdemeanor and may be punished by a fine, imprisonment in jail, or both; and
     (9) that the contractor's failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by a fine, imprisonment in jail, or both.

     History: En. Sec. 20, Ch. 500, L. 1995.

Previous SectionHelpNext Section
Provided by Montana Legislative Services