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RULE 7: Surety, of the Rules of the Mined Land Reclamation Board, is hereby <br /> amended as follows: <br /> 7. 1 Surety Requirements <br /> 7. 12 <br /> BASIS b PURPOSE <br /> Under CRS 1973, 34-32-117(2) , the Board is required to establish surety <br /> in such amount as necessary to ensure the reclamation peformance with <br /> respect to affected lands. In view of the statute, the above deleted <br /> language was deemed necessary. <br /> 7. 14 <br /> BASIS E PURPOSE <br /> For a bond to be effective, the person signing on behalf of the operator <br /> must be able to legally bind the company. Experience has shown that many <br /> companies do not know who has the authority to legally bind them. The <br /> Rule is intended to give notice to the requirement to the public. Without <br /> such proof, a legal review of the bond cannot determine whether or not the <br /> bond is a valid one. The Rule is written to give flexibility to the operator <br /> and the bonding company since the bonding companies are not required to <br /> give such certification. The statute is clear that the state is to obtain <br /> a valid surety. <br /> RULE U: Inspection , Monitoring, Enforcement and Bond Forefeitures of the Rules <br /> of the Mined Land Reclamation Board is hereby amended as follows: <br /> 8.2 Enforcement and Procedures <br /> 8.22 Operating without a Permit - Failure to Comply. <br /> BASIS 6 PURPOSE <br /> This Rule was adopted in this form in the original submission of Rules. <br /> In June, 1977, the Board readopted the Rule without making any changes. <br /> The Board reconsidered the Rule since the June regulations were not sub- <br /> mitted to the legislature within twenty (20) days after the issuance of the <br /> Attorney General 's opinion. Upon reconsideration , the Board amended the <br /> Rule to make the holding of a hearing discretionary. The Act does not <br /> require a hearing. A mandatory hearing could be an unnecessary burden to <br /> the Board and the operator. The problem could be resolved between the <br /> Board and an operator on an informal basis only upon enactment of this <br /> change. The change should benefit the operator and the Board. An operator <br /> can still request a hearing. <br /> - 56 - . <br />