2 Colo. Code Regs. § 407-6-16
Current through Register Vol. 48, No. 1, January 10, 2025
Rule 2 CCR 407-6-16 - ENFORCEMENT PROVISIONS1. Whenever the MSTP has reason to believe that there has been a violation of an Order or regulation issued under State statute or these Rules, the MSTP Supervisor or representative shall note such violation in the inspection report signed by the tourist mine owner/operator, a copy of which is given to the tourist mine owner/operator. If the tourist mine owner/operator has not remedied the violation to the satisfaction of the MSTP Supervisor or representative within the time specified in the inspection report, the MSTP Supervisor or representative may issue an immediate Cease and Desist Order until the condition is satisfactorily remedied. In lieu of closing the entire mine, depending on the nature of the violation, the MSTP has the discretion to close any portion of the mine where unsafe conditions exist that could adversely affect the health and safety of the public and the employees at the tourist mine.2. If the MSTP Supervisor or his/her representative determines there is an imminent or substantial danger to the public or employees, he/she may issue an immediate cease and desist order.3. In the event the tourist mine owner/operator fails to comply with a Cease and Desist Order, the MSTP may request the Attorney General to bring suit for a temporary restraining order, a preliminary injunction, or a permanent injunction to prevent any further or continued violation of such order.4. If the tourist mine owner/operator has been issued a Cease and Desist Order. the operator may continue operating the mine only for the purpose of bringing the tourist mine into satisfactory compliance with the provisions of these Rules. Once the tourist mine is in complete compliance to the satisfaction of the MSTP, the MSTP shall consider vacating the Cease and Desist Order.5. The MSTP shall utilize the applicable provisions of Section 105 of the Colorado Administrative Procedures Act, § 24-4-105, C. R. S., when conducting hearings regarding violations and appeals of violations from tourist mine owners/operators. a. Any tourist mine owner/operator may appeal an order from the MSTP to the Director of the Division of Reclamation, Mining and Safety (DRMS). Any such appeal must be made in writing to the DRMS Director within thirty (30) days of the order. Any appeal shall be heard by the DRMS Director not less than thirty (30) days from the date the appeal is filed. Failure to appeal to the DRMS Director in writing within thirty (30) days of the order shall constitute a waiver of any appeal rights a tourist mine owner/operator may have had. A tourist mine owner/operator may request an expedited hearing if he/she has been issued a Cease and Desist. Failure of a tourist mine owner/operator to appeal within thirty (30) days of an order by the MSTP shall render that order final agency action and may be appealed by a tourist mine owner/operator and subject to judicial review in accordance with the procedures of Section 106 of the Colorado Administrative Procedures Act, 24-4-106 C. R. S.b. Any person affected or aggrieved by an order of the MSTP shall be admitted as a party to the hearing, provided such person files a written request with the DRMS Director, setting forth a brief and plain statement of facts which entitle that person to be admitted and the matters which that person claims should be decided. Such a written request must be submitted within thirty (30) days of the MSTP order. Tourist mine owners/operators and the MSTP shall be automatically granted status as parties to any appeal.c. Any decision by the DRMS Director, after hearing on an appeal of an order by the MSTP, shall be final agency action as established in Section 106 of the Colorado Administrative Procedures Act, 24-4-106, C. R. S. and subject to judicial review in accordance with the provisions of that section.