N.D. Admin. Code 43-02-01-05

Current through Supplement No. 393, July, 2024
Section 43-02-01-05 - Enforcement

The commission, its agents, representatives, and employees are charged with the duty and obligation of enforcing all rules and statutes of the state of North Dakota relating to coal exploration and evaluation.

It shall be the responsibility of all permit applicants and permitholders to obtain information pertaining to the regulation of coal exploration and evaluation before the operations of the permit applicants and permitholders have begun.

Whenever a corporate permittee violates North Dakota Century Code chapter 38-12.1 or any permit condition or rule implemented thereunder, a director, officer, or agent of the corporate permittee who knowingly causes such violation is subject to the criminal penalties imposed under subsection 2 of North Dakota Century Code section 38-12.1-08. "Knowingly" is to be understood as defined by North Dakota Century Code section 12.1-02-02. In addition, whenever a director, officer, or agent of a corporate permittee willfully or negligently violates North Dakota Century Code chapter 38-12.1 or any permit condition or rule implemented thereunder, civil penalties may be imposed under subsection 1 of North Dakota Century Code section 38-12.1 -08. "Willfully" and "negligently" are to be understood as defined by North Dakota Century Code section 12.1-02-02.

N.D. Admin Code 43-02-01-05

Amended effective April 1, 1994.

General Authority: NDCC 38-12.1-04

Law Implemented: NDCC 38-12.1-04, 38-12.1-07, 38-12.1-08