Section 69-05.2-28-04 - Inspection and enforcement - Cessation order - Informal minesite hearing1. A notice of violation which requires cessation of mining either expressly or by necessary implication or any cessation order issued under subsection 1 of North Dakota Century Code section 38-14.1-28 will expire within thirty days of actual notice to the operator or permittee unless an informal public minesite hearing is held within that time. An informal public minesite hearing will be automatically scheduled by the commission and held within thirty days of the issuance of the cessation order unless the hearing is waived, in writing, by the operator or permittee. 2. The informal public minesite hearing will be held at or reasonably close to the minesite in order to allow viewings of the site during the hearing, or at any other location acceptable to the commission and the operator or permittee. 3. A notice of violation or cessation order will not expire as provided in subsection 1, if the condition, practice, or violation in question has been abated or if the informal public minesite hearing has been waived. 4. The commission will give as much advance notice as is practicable of the time, place, and subject of the informal public minesite hearing to: a. The operator or permittee; and b. Any person who filed a report which led to the issuance of that notice of violation or cessation order. 5. The commission will post notice of the hearing in its offices and publish notice, where practicable, in the official county newspaper of each county where the operation is located and in other daily newspapers of general circulation in the area of the mine. 6. An informal public minesite hearing is not a formal hearing under North Dakota Century Code section 38-14.1-30. The hearing will be conducted by a representative of the commission other than the person who initiated the notice of violation or cessation order, who may accept oral or written arguments and any other relevant information from any person attending. 7. Within five days after the close of the informal public minesite hearing, the commission or its authorized representative will affirm, modify, or vacate the notice of violation or cessation order in writing. The decision will be sent to the persons identified in subsection 4. 8. Procedures of this section do not affect the right of any operator or permittee to a formal hearing under North Dakota Century Code section 38-14.1-30. A request for a formal hearing must be made within the time prescribed in that section to preserve the right to formal administrative review of the notice or order. However, there is no right to request review of the commission's decision on an informal public minesite hearing. N.D. Admin Code 69-05.2-28-04
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-28