50-73-417. Right to hearing. (1) An operator notified of an order made under 50-73-412 may apply to the department for a hearing, revision, or amendment of the order. When the department after a hearing upon complaint or upon its own motion finds that danger throughout the area of the mine as set out in the order existed at the time of making the inspection, it shall make an order denying a revision or amendment. However, if it finds that the danger did not exist throughout the area of the mine, it shall make an order consistent with its findings, revising or amending the order under review.
(2) An operator notified of an order made under 50-73-413, as amended, may apply to the department for a hearing or revision of the order. If the department finds that there was no violation, it shall make an order rescinding the order under review. If the department finds that there was a violation but the violation has since been abated, it shall make an order rescinding the order under review. If the department finds that the violation was not totally abated, it shall make an order consistent with its findings.
History: (1)En. 50-480.6 by Sec. 29, Ch. 267, L. 1974; Sec. 50-480.6, R.C.M. 1947; (2)En. 50-480.7 by Sec. 30, Ch. 267, L. 1974; amd. Sec. 9, Ch. 39, L. 1977; amd. Sec. 5, Ch. 187, L. 1977; Sec. 50-480.7, R.C.M. 1947; R.C.M. 1947, 50-480.6, 50-480.7; amd. Sec. 64, Ch. 613, L. 1989.
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