Effective 28 Aug 1971

444.680. Injunction, when — violation, procedure — hearing. — 1. The commission shall cause investigations to be made of all strip mining operations in the state of Missouri. If the investigation shows that strip mining is being or is going to be conducted without a permit in violation of this law or in violation of any revocation order, the commission shall request the attorney general to file suit in the name of the state of Missouri for injunction and civil penalties not to exceed one thousand dollars per day for each day, or part thereof, the violation has occurred and continues to occur as the court may deem proper. Suit may be filed either in the county where the violation occurs or in Cole County.

2. If the investigation shows that a strip mining operation for which a permit has been issued is being conducted contrary to or in violation of any provision of sections 444.500 to 444.755 or any rule or regulation promulgated by the commission or any condition imposed on the permit or any condition of the bond, the director may by conference, conciliation and persuasion endeavor to eliminate the violation. If the violation is not eliminated or the director determines that conference, conciliation and persuasion will not be effective, the director shall file a formal complaint with the commission for suspension or revocation of the permit or for appropriate corrective measures, and for forfeiture of bond. When the director files a formal complaint, the commission shall order a hearing and cause to have issued and served upon the person complained against a written notice together with a copy of the formal complaint, which shall specify the provision of sections 444.500 to 444.755 or the rule or regulation or the condition of the permit or of the bond of which the person is alleged to be in violation, and a statement of the manner in, and the extent to which, the person is alleged to be in violation. The person complained against may appear and answer the charges of the formal complaint at a hearing before the commission at a time not less than ten days after the date of notice.

3. When the commission schedules a matter for hearing, the respondent to a formal complaint may appear at the hearing in person or by counsel, and may make oral argument, introduce testimony and evidence, and cross-examine witnesses.

4. After due consideration of the record, or upon default in appearance of the respondent on the return day specified in the notice given as provided in subsection 2 of this section, the commission shall issue and enter such final order, or make such final determination as it shall deem appropriate under the circumstances, and it shall immediately notify the respondent thereof in writing by certified mail.

5. Any final order or determination or other final action by the commission shall be approved in writing by at least four members of the commission. The commission shall not issue any permits to any person who has had a permit revoked until the violation that caused the revocation is corrected to the satisfaction of the commission.

­­--------

(L. 1971 S.B. 1 § 21)