Montana Code 32-5-207. Notice of violation — administrative hearing — penalties — liability
32-5-207. Notice of violation — administrative hearing — penalties — liability. (1) If the department has probable cause to believe that a licensed or unlicensed person has violated this chapter, a rule promulgated under this chapter, or an order issued by the department or has made a material misrepresentation to the department by act or omission, the department may issue a notice stating the alleged violation to the person.
Terms Used In Montana Code 32-5-207
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)(a) The notice referred to in subsection (1) must comply with 2-4-601 and must include a statement that the person has an opportunity to request an administrative hearing under the Montana Administrative Procedure Act within 14 days of the date that the department’s notice was mailed to the person.
(b)The department’s notice must be sent by certified mail to a licensee’s address of record with the department or to an unlicensed person at an address for the person known to the department.
(c)The department has complied with the service of process upon mailing the notice by certified mail as provided in subsection (2)(b).
(3)If a person served with a notice under this section admits to or does not contest having violated or is found after an administrative hearing to have violated a provision of this chapter, a rule promulgated under this chapter, or an order issued by the department or to have made a material misrepresentation to the department by act or omission, the department may impose a civil penalty of not more than $1,000 for each violation and may order restitution to borrowers and reimbursement of the department’s costs in bringing an administrative action. The department may suspend or revoke the right of a person or licensee, directly or through an officer, agent, employee, or representative, to operate as a licensee or to engage in the business of making consumer loans.
(4)The department’s remedies specified in this chapter are cumulative.
(5)A revocation or suspension of a license does not relieve the licensee from civil, administrative, or criminal liability for acts committed prior to the revocation or suspension of the license.
(6)All civil penalties collected pursuant to this section must be deposited in the state general fund.