Section 69-05.2-32-03 - Improvidently issued permits - Recission procedures The commission will serve on the permittee a notice of proposed suspension and recission which includes the reasons for finding that the permit was improvidently issued. The notice will also state that:
1. The permit will automatically be suspended after a specified period of time not to exceed ninety days, and will be rescinded after an additional period of time not to exceed ninety days, unless within those periods the permittee submits proof and the commission finds that: a. The commission finding under section 69-05.2-32-01 was erroneous; b. The permittee or other person responsible has abated the violation on which the finding was based, or paid the penalty or fee to the satisfaction of the responsible agency; c. The violation, penalty, or fee is the subject of a good faith appeal, or of an abatement plan or payment schedule with which the permittee or other person responsible is complying to the satisfaction of the responsible agency; or d. Since the finding was made, the permittee has severed any ownership or control link with the person responsible for, and does not continue to be responsible for, the violation, penalty, or fee. 2. After permit suspension or recission, the permittee shall cease all surface coal mining and reclamation operations under the permit, except for violation abatement and for reclamation and other necessary environmental protection measures. 3. The permittee may file an appeal for administrative review of the notice under North Dakota Century Code section 38-14.1-30. N.D. Admin Code 69-05.2-32-03
Effective January 1, 1993.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-21