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RSA 12-E:10 · Violations

Title
I: THE STATE AND ITS GOVERNMENT
Chapter
12-E · MINING AND RECLAMATION
Status
current
Official source linked
Yes
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12-E:10 Violations. –

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I.

If the commissioner determines a violation has been or is being committed by an operator in relation to this chapter or to any rule adopted under this chapter or to the terms of the issued permit, the commissioner shall issue and serve upon the operator a written order to halt the violation activities. Such order shall specify the violation. The operator shall have 60 days to correct the violation or face revocation or suspension of his or her mining permit and partial or full forfeiture of the financial assurance plan after notice and hearing.

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II.

The operator may appeal the order to the commissioner within 5 days after receiving such order. The commissioner shall hold a hearing within 10 days of the operator's appeal.

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III.

A violation hearing shall be held, if requested, and the operator may appear in person or by attorney to answer the allegations of the violation and to present relevant testimony and evidence. After hearing the evidence presented, the commissioner shall determine whether a violation exists. The operator shall be promptly notified of the commissioner's findings and decision by certified mail. A copy of the decision shall be posted at the entrance to the permit site. If such appeal is entered, the 60 day corrective period shall commence upon the date of the commissioner's decision.

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IV.

Upon the operator's noncompliance with the order, the commissioner shall hold a revocation or suspension hearing within 10 days after the expiration of the 60 day period. The commissioner shall notify the operator by certified mail of the hearing and shall enclose a statement specifying the allegations of violation to be answered. A copy of the statement shall be posted at the entrance to the permit site.

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V.

A revocation or suspension hearing shall be held and the operator may appear in person or by attorney to show good cause as to why the permit should not be revoked or suspended. After hearing the evidence presented, the commissioner shall determine whether the mining permit shall be immediately revoked or suspended or the operation enjoined. The operator shall be promptly notified of the commissioner's findings and decision by certified mail. A copy of the decision shall be posted at the entrance to the permit site.

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VI.

Upon revocation or suspension of the mining permit the commissioner may cause to have instituted by the attorney general a civil action in a court of competent jurisdiction to partially or fully forfeit the financial assurance plan of the operator. Source. 1979, 467:1. 2010, 331:10, eff. Sept. 18, 2010.

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Source note

Source. 1979, 467:1. 2010, 331:10, eff. Sept. 18, 2010.

Source history

  • 1979, 467:1
  • 2010, 331:10, eff. Sept. 18, 2010

Related materials

Bill relationships

  • 2026 HB1141 add

    water resources fund established in RSA 482-A:3, III. VII. During the transition period, the following provisions shall apply: (a) Any applications filed in accordance with RSA 12-E and are pending with the commissioner of the department of natural and cultural resources as of the date the department’s rules become effective shall be processed in accordance with RSA 12-E and rules adopted in accord

  • 2026 HB1141-FN add

    water resources fund established in RSA 482-A:3, III. VII. During the transition period, the following provisions shall apply: (a) Any applications filed in accordance with RSA 12-E and are pending with the commissioner of the department of natural and cultural resources as of the date the department’s rules become effective shall be processed in accordance with RSA 12-E and rules adopted in accord

  • 2026 SB527 reference

    uired, shall ensure that a copy of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, RSA 12-E, RSA 270:12, RSA 482, RSA 482-A is provided, except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used for agricultural purpo