1992-07-21_REVISION - M1988112

• Permit No: M1988112
• IBM Index Class Name: Revision
• Doc Date: 7/21/1992
• Doc Name: MINUTES MLRB
• Type & Sequence: AM1
• Media Type: D
• Archive: No

•
Minutes, July 22-24, 1992
Staff said the Committee decided
fees, because the Program does
charge fees to the participants
problem of a lack of statutory
participation.
D RAFT
~~ubject To Board Approval "'
not to extend two rules, relating to
not have the statutory authority to
in the Program. SB 163 resolved the
authority to charge fees for program
Staff said the two Rules in question, 8.02.2 and 8.02.3, have been
properly noticed for repromulgal:ion in conformance with new statutory
language.
Staff presented ATTACHMENT C, the Statement of Basis, Specific
Statutory Authority and Purpose, and stated that it allows MSPP to
legally charge each participant a fee (currently $35) for participation
in the Program.
In response to an inquiry from the Board, Staff said that once fees
have been set, the Board would need to conduct further rule-making in
order to adjust those fees. Mr. Frank Johnson clarified that SB 163
gave the Board the authority to assess an administrative fee, with the
amount being determined by the Board.
It was MOVED that the Board adopt the rules as submitted. SECONDED AND
PASSED UNANIMOUSLY (Kraeger-Rovey, Cooley, Stewart, Danielson, Danni
and McCannoN .
Presentation by Frank Johnson:
13. DISCUSSION ITEM
Consideration of revised Cease and Desist Orders (continued from the
May 1992 Board Meeting).
Mr. Frank Johnson, Assistant Attorney General, referenced ATTACHMENT D,
a July 6, 1992 memo to the Board, regarding this matter. He said this
issue was addressed during the April 1992 Board Meeting. At that time,
the Board requested that a procedure be developed allowing them to
present operators with cease and desist orders immediately following a
hearing, specifically for mining without a permit or prospecting
without a Notice of Intent.
The cease and desist orders Mr. ,Johnson drafted were addressed during
the April Board Meeting at which time the Board requested that two
changes be made to the documents. The draft orders included language
about suspension of civil penalties, and the Board asked that it be
deleted and that he separate the corrective action portion of the
orders from the civil penalty portion. Mr. Johnsen referenced
Attachment D and said Exhibits A, B and C, respectively, are cease and
desist orders for mining without a permit, conducting prospecting
operations without filing a notice of intent and an interim order which
could be used in Goth instances while awaiting the preparation of the
final cease and desist order. Mr. Johnson said the forms presented
today included the changes requested by the Board.