_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

4.2 Notice Procedures
4.21
4.22
BASIS b PURPOSE
It is the finding of this Board that in this RULE 4.2 , Sections 4.21 and
4.22 be deleted and Section 4.23 be retained, as promulgated, renumbered
114.21". This regulation was originally promulgated to insure that notice
was given of those operations. Due to the shortened time in which such
notices could be given , it was thought that the operator would be in the
best posture to assure that such was given. Although the applications
were to be processed in a rapid fashion, there was no evidence that the
public was not to receive notice of these operations. However, upon re-
consideration, the Board determined that it would take the responsibility
of notification to the public.
4.35
BASIS E PURPOSE
The Board adopted this regulation on April 19, 1977. It reconsidered
this regulation in June, 1977, and at the request of a representative from
industry removed a sentence which stated that an operation could request
a continuance of the hearing on his application, if at the time his appli -
cation was presented to the Board, he was surprised by information pre-
sented. The industry representative stated to the Board that an operator
always had a right to request a continuance; however, placing the statement
in the regulation might cause persons to withhold protests until the meetin
and, thus , force the operator to waive his right to obtain a permit with
the statutory time limitations. The Board agreed that the provision might
be misused, and they deleted the sentence in June, 1977• Because the Rules
were not filed with the legislature within twenty (20) days of the issuance
of the Attorney General 's opinion, the Board readopted the Rule.
4.4
BASIS b PURPOSE
This type of permit was an addition to the Act of 1976. Based upon its
experience with these permits , the Board determined that due to the limited
nature of such operations and the limited number of such permits , the staff
could adquately monitor such operations. As such , the report was unnecessary
and was deleted.
RULE 5: Prospecting Notice and Reclamation Requirements of the Rules of the Mined
Land Reclamation Board is hereby anended as follows :
5. 1 Notice of Intent to Conduct Prospecting Operations
BASIS b PURPOSE
The Board has had several situations arise resulting from the overlap
in statutory terms in the definitions of prospecting and development with-
in the Act. Requests were made to the Board to have hearings on the
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