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_,.. • ;v. <br />. <br />Page 344 ~ \ <br />Section 5.02.3(2) <br />Act, these Rules or any permit or exploration approval. A search <br />warrant shall not be required for such purposes. <br />5.02.4 AvaiLibtlrty of Records. <br />122(8) (1) Copies of all records, reports, inspection materials, or information <br />obtained under these Rules by the Division or Board, except information <br />identified as confidential, shall be immediately available to the public <br />at the Division office and at a convenient place in the area of mining to <br />which the information pertains until at least five years after expiration <br />of the period during which the subject operation is active or is covered <br />by any portion of reclamation bond. <br />(2) In order to protect preparation for hearings and enforcement <br />proceedings, the Dtrector of OSM and the Division and Board may <br />enter into agreements regarding procedures for the special handling of <br />investigative and enforcement reports and other attorney work-product <br />materials. <br />5.02.5 Inspections Based Upon Citizen's Requests. <br />1220 (1) Any person who believes there is a violation of the Act, these Rules, or <br />permit conditions required by the Act or that any imminent danger or <br />harm exists, may request the Division to conduct an inspection for <br />violations. <br />(a) The Division shall conduct the inspection if the citizen request is <br />a signed written request or an oral request followed by a signed <br />written request, which gives the Division sufficient basis to believe <br />that a violation of the Act, these Rules, or any permit or <br />exploration approval has occurred. The Division shall conduct the <br />inspection within 10 days of receipt of the written request. If the <br />request gives the Division sufficient basis to believe that imminent <br />danger or harm exists, the inspection shall be conducted no later <br />than the next day, following receipt of such request. <br />(b) The Division will have "sufficiem basis to believe" if: <br />(i) The request alleges facts that, if true, would constitute any <br />of the above~escribed violations; or <br />(ii) The request either states the basis upon which the facts aze <br />known by the requesting citizen or provides other <br />corroborating evidence sufficient to give the Division a basis <br />to believe that the violation has occurred. ~ , <br />