Okla. Admin. Code § 460:10-29-3

Current through Vol. 42, No. 1, September 16, 2024

Section 460:10-29-3 - Procedures

(a) In the event forfeiture of the bond is required by Sections 460:10-29-2 and 460:10-29-4, the Department shall:

(1) Send written notification by certified mail, return receipt requested to the permittee, and the surety on the bond, if applicable, of the Department's determination to forfeit all or part of the bond and the reasons for the forfeiture, including a finding of the amount to be forfeited;

(2) Advise the permittee and surety, if applicable, of any rights of appeal that may be available from the determination under State Law;

(3) Proceed in an action for collection on the bond as provided by applicable laws for the collection of defaulted bonds or other debts, consistent with this Section, for the amount forfeited, if an appeal is not filed within a time established by the Department and a stay of collection issued by the hearing authority or such appeal is unsuccessful; and

(4) If an appeal is filed, defend the action.

(b) The written determination to forfeit all or part of the bond, including the reasons for forfeiture and the amount to be forfeited, shall be a final decision by the Department.

(c) The Department shall utilize funds collected from bond forfeiture to complete the reclamation plan on the permit area on which bond coverage applies, and to cover associated administrative expenses.

Okla. Admin. Code § 460:10-29-3