Understanding the Violation & Resolution Process
Receiving a notice of violation can be stressful, but the process is designed to be clear, consistent, and fair. The goal is to help licensees understand what needs to be corrected and provide an opportunity to resolve issues whenever possible.
What Happens
Step 1: A Violation Is Identified
When the Department identifies a potential violation during an inspection or investigation and issues a notice outlining its specifics.
Step 2: Submit Your Response
Licensees must respond via the TransAction Portal (TAP) and provide any relevant information or documentation.
Step 3: Reviewing Information You Provided
The Inspector Supervisor reviews the submitted information and issues a follow-up letter listing all unresolved issues. The department management then forwards the case to the resolution team for further review.
Step 4: Resolution Officer Assignment
A Resolution Officer is assigned to the case and serves as the primary point of contact throughout the resolution process.
The Resolution Officer will:
- Review the facts of the case
- Consider any mitigating and aggravating information provided
- Communicate any remaining violations
- Propose a resolution for each violation based on established civil penalty guidelines
Resolution may also come in the form of suspensions and/or revocations
Step 5: Responding to the Resolution Letter
Licensees or their authorized representatives may:
New TAP Feature
Compliance Verification Letters are now issued through TAP in addition to emails sent to the licensee’s email on record. Responses to resolution letters can now be submitted directly through the TAP account when logged in.
Benefits include:
- All correspondence stays in one location
- Easier access to documents and notices
- Faster communication with the Department
- Improved tracking of case information
If an Informal Resolution Cannot Be Reached
If the matter cannot be resolved informally, a licensee may request a formal review of the violation and proposed resolution.
Formal reviews are generally handled by the Office of Dispute Resolution, an independent third-party process that provides a structured, impartial review.
Our Goal
The resolution process is intended to:
- Promote compliance
- Provide a fair and transparent review process
- Encourage open communication
- Support positive outcomes for licensees and the Department
We are committed to helping licensees understand the process, resolve issues efficiently, and continue operating successful businesses in Montana.