12-E:10 Violations. –
I. If the commissioner determines a violation has been or is being committed by an operator in relation to this chapter or to any rule adopted under this chapter or to the terms of the issued permit, the commissioner shall issue and serve upon the operator a written order to halt the violation activities. Such order shall specify the violation. The operator shall have 60 days to correct the violation or face revocation or suspension of his or her mining permit and partial or full forfeiture of the financial assurance plan after notice and hearing.
II. The operator may appeal the order to the commissioner within 5 days after receiving such order. The commissioner shall hold a hearing within 10 days of the operator's appeal.
III. A violation hearing shall be held, if requested, and the operator may appear in person or by attorney to answer the allegations of the violation and to present relevant testimony and evidence. After hearing the evidence presented, the commissioner shall determine whether a violation exists. The operator shall be promptly notified of the commissioner's findings and decision by certified mail. A copy of the decision shall be posted at the entrance to the permit site. If such appeal is entered, the 60 day corrective period shall commence upon the date of the commissioner's decision.
IV. Upon the operator's noncompliance with the order, the commissioner shall hold a revocation or suspension hearing within 10 days after the expiration of the 60 day period. The commissioner shall notify the operator by certified mail of the hearing and shall enclose a statement specifying the allegations of violation to be answered. A copy of the statement shall be posted at the entrance to the permit site.
V. A revocation or suspension hearing shall be held and the operator may appear in person or by attorney to show good cause as to why the permit should not be revoked or suspended. After hearing the evidence presented, the commissioner shall determine whether the mining permit shall be immediately revoked or suspended or the operation enjoined. The operator shall be promptly notified of the commissioner's findings and decision by certified mail. A copy of the decision shall be posted at the entrance to the permit site.
VI. Upon revocation or suspension of the mining permit the commissioner may cause to have instituted by the attorney general a civil action in a court of competent jurisdiction to partially or fully forfeit the financial assurance plan of the operator.