_ENFORCEMENT - M1978352 ‎(13)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: APPENDIX TO MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMAR
• Media Type: D
• Archive: No

8.2 Enforcement 0k Procedures. •
123 8.21 Operating without a Permit - Penalty
(1) Whenever an operator or prospector fails to obtain a
valid permit or file a Notice of Intent under the pro-
visions of this article, the Board may issue an immediate
Cease and Desist Order. Concurrently with the issuance of
such an order, the Board may seek a restraining order or
injunction.
(2) Any operator who operates without a permit or a prospector
who prospects without filing a Notice of Intent shall be
subject to a civil penalty of not less than one hundred
dollars per day nor more than one thousand dollars per day
during which such violation occurs : except that any operator
eligible for a permit under Rule 3 shall be subject to a
civil penalty of not less than fifty dollars nor more than
two hundred dollars per day during which such violation
occurs.
124 8.22 Operating with a Permit - Failure to Comply.
(1) Vhen the Board has reason to believe that a violation of
any order, permit , notice of intent , law or Rule has
occurred:
(a) The Board shall give written notice to the operator or
prospector of the possible violation. Such notice
shall be served personally or by certified mail ,
return receipt requested, upon the possible violator
or his agent for service of process . The notice shall
state the provision alleged to be violated and the
facts alleged to constitute the violation and may
include the nature of any corrective action proposed
to be required. The Board may hold a hearing on
whether or not there is a violation :
(b) The Board may order the modification, suspension or
revocation of the permit. ( If the Board suspends or
revokes the permit of an operator, the operator may
continue mining operations only for the purpose of
bringing the mining operations into satisfactory
compliance with the provisions of the operator's
permit and all applicable safety regulations . Once
such operations are completed to the satisfaction of
the Board , the Board sahll reinstate the permit of
the operator) :
124(2) (c) The Board may issue a Cease and Desist Order.
(i } In the event the operator fails to comply with
the Cease and Desist Order, the Board may
request the Attorney General to bring suit for
injunctive relief:
(ii ) The Board may require the alleged violator to
appear before the Board no sooner than twenty
(20) days after the issuance of such Cease and
Desist Order, except that an earlier date for
hearing may be requested by the alleged violator. A
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