House Bill No. 160

Introduced By tash

By Request of the Department of Environmental Quality

A Bill for an Act entitled: "An Act providing administrative enforcement for violations of the junk vehicle and motor vehicle wrecking facility laws; authorizing facility license suspension or denial for violation of an order; authorizing facility license revocation for violation of a suspension order; amending section

75-10-514, MCA; and providing an immediate effective date."

Be it enacted by the Legislature of the State of Montana:

NEW SECTION. Section 1.  Administrative enforcement. (1) When the department determines that a violation of this part, a violation of a rule adopted under this part, or a violation of a license provision has occurred, it may serve written notice of the violation on the alleged violator or the violator's agent. The notice must specify the law, rule, or license provision alleged to be violated and the facts alleged to constitute a violation and may include an order to take necessary corrective action within a reasonable period of time. The order becomes final 30 days after the notice is served unless the person named requests, in writing, a hearing before the board. On receipt of the request for a hearing, the board shall schedule a hearing. Service by mail is complete on the date of mailing.

(2) If, after a hearing held under subsection (1), the board finds that a violation has occurred, it shall either affirm or change the department's order. An order may prescribe the date by which the violation must cease and may prescribe time limits for particular action. If, after a hearing, the board finds that a violation has not occurred, it shall rescind the department's order.

(3) This section does not prevent the board or THE department from making SHALL MAKE efforts to obtain voluntary compliance through warning, conference, or any other appropriate means BEFORE ISSUING AN ORDER PURSUANT TO SUBSECTION (1).

Section 2.  Section 75-10-514, MCA, is amended to read:

"75-10-514.   Denial, suspension, or revocation of license -- grounds. (1) The department may deny, or suspend, or revoke a motor vehicle wrecking facility's license when it proves the business on any of the following grounds:

(1)(a) The applicant or licensee sold or otherwise disposed of a motor vehicle, trailer, or any part thereof of a motor vehicle or trailer when it knew the vehicle or part was stolen or was appropriated without the consent of the owner;.

(2)(b) The applicant or licensee committed forgery on a certificate of title covering a vehicle that has been reassembled from parts obtained from the disassembling of other vehicles;.

(3)(c) The applicant or licensee committed any illegal act or omission which that has caused loss as the result of a sale of a motor vehicle, trailer, or part thereof; of a motor vehicle or trailer.

(4)(d) The applicant or licensee failed to comply with this part or with a rule of the department;.

(5)(e) The applicant or licensee obtained a license fraudulently.

(2) The department may revoke a motor vehicle wrecking facility's license on the following grounds:

(a) the license was suspended pursuant to subsection (1)(d) and the facility failed to cure the defect or defects underlying the suspension during the period of suspension; or

(b) the license was suspended pursuant to subsection (1)(a), (1)(b), (1)(c), or (1)(e) and, after suspension, the licensee performed an act that is grounds for suspension pursuant to subsections (1)(a) through (1)(e) at any time during the remaining active life of the facility."

NEW SECTION. Section 3.  Codification instruction. [Section 1] is intended to be codified as an integral part of Title 75, chapter 10, part 5, and the provisions of Title 75, chapter 10, part 5, apply to [section 1].

NEW SECTION. Section 4.  Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].

NEW SECTION. Section 5.  Effective date. [This act] is effective on passage and approval.