39-9-407. Notice of infraction -- determination -- appeal -- duty to respond. (1) Unless contested, the notice of infraction represents a determination that the contractor to whom the notice was issued committed the infraction.
     (2) If a party desires to contest the determination, the party shall file a notice of appeal with the department within 20 days of the issuance of the notice of infraction. The department shall conduct a hearing in accordance with the Montana Administrative Procedure Act. The department may conduct the hearing by telephone or by videoconference.
     (3) A contractor who is issued a notice of infraction shall respond within 20 days of the date of issuance of the notice of infraction.
     (4) If a contractor named in the notice does not elect to contest the notice of infraction, the contractor shall pay to the department the amount of the penalty prescribed for the infraction. When payment of the appropriate penalty is received by the department, the department shall make the appropriate entry in its records.
     (5) If a contractor named in the notice elects to contest the notice of infraction, the contractor shall respond by filing an answer of protest with the department, specifying the grounds of protest.

     History: En. Sec. 21, Ch. 500, L. 1995.