Rule 4.12.405 - DEGREE OF CARE(1) The department will consider degree of care exercised by the charged person for purposes of decreasing or increasing civil penalty amounts: (a) violations that occur through little or no negligence may decrease the penalty;(b) violations that occur through negligence may have a neutral effect in either decreasing or increasing the penalty; and(c) violations that occur as a result of gross negligence may increase the penalty.(2) In determining the applicability of the above, the following definitions will apply: (a) "no negligence" means an inadvertent violation which was unavoidable by the exercise of reasonable care;(b) "negligence" means a failure to exercise reasonable care;(c) "reasonable care" means a degree of care demonstrated with a knowledge of the nature and probable consequences of the violation that a prudent person would ordinarily exercise in acting in their own concern; and(d) "gross negligence" means knowing, intentional or reckless conduct.NEW, 2000 MAR p. 3333, Eff. 12/8/00.Sec. 80-9-103 and 80-9-303, MCA; IMP, Sec. 80-9-303, MCA;