Section 69-05.2-28-09 - Inspection and enforcement - Suspension or revocation of permits - Orders to show cause1. The commission may decline to issue an order to show cause, or may vacate an outstanding order to show cause, if the commission finds that, taking into account exceptional factors present, it would be demonstrably unjust to issue or to fail to vacate the order to show cause. The basis for this finding must be fully explained and documented in the records of the case. 2. Following the public hearing on an order to show cause, the commission may issue an order suspending a permit. a. The order for permit suspension may be for a fixed or an indefinite term and include conditions for reinstatement. b. A permit may be reinstated upon completion of a fixed term, provided the permittee demonstrates compliance with any conditions for reinstatement. If the permittee has not complied with the conditions, the commission may extend the suspension for an additional fixed term, suspend the permit indefinitely, or institute proceedings for revocation. c. If a permit has been indefinitely suspended, the permittee may request reinstatement at any time. The commission may reinstate the permit, provided the permittee demonstrates compliance with any conditions for reinstatement. d. The commission may, at any time and on its own motion, reinstate a permit that has been indefinitely suspended, or, institute proceedings for revocation. e. Permit suspension shall not result in bond forfeiture unless the permit is subsequently revoked. f. Reclamation operations, except as specified by the commission, must continue during suspension. However, all mining operations within the permit area must cease until the permit is reinstated. 3. If proceedings for permit revocation are instituted, the commission will issue an order to show cause why the permit should not be revoked under subdivision c of subsection 1 of North Dakota Century Code section 38-14.1-28. An opportunity for a hearing on the order to show cause will be provided under subsection 2 of North Dakota Century Code section 38-14.1-30. N.D. Admin Code 69-05.2-28-09
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-28, 38-14.1-30