§ 45-780 — Action for damages and expenses - Injunctions, restraining

orders or other orders - Jurisdiction - Relief. A. The Attorney General, upon request of the Department, shall institute proceedings to recover any damages and expense which the Department may have sustained by reason of the default of the operator. Such proceedings shall be brought against the operator and surety either in Oklahoma County or the county in which the violation occurred. The Department may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction, restraining order or any other appropriate order in the district court for the district in which the surface coal mining and reclamation operation is located or in which the permittee thereof has his principal office, whenever such permittee or his agent: 1. Violates or fails or refuses to comply with any order or decision issued by the Department under this act; 2. Interferes with, hinders or delays the Department in carrying out the provisions of this act; 3. Refuses to admit authorized representatives of the Department to the mine; 4. Refuses to permit inspection of the mine by authorized representatives of the Department; 5. Refuses to furnish any information or report requested by the Department in furtherance of the provisions of this act; or 6. Refuses to permit access to, and copying of, such records as the Department determines necessary in carrying out the provisions of this act. B. The court shall have jurisdiction to provide such relief as may be appropriate. Any relief granted by the court to enforce an order under paragraph 1 of this section shall continue in effect until the completion or final termination of all proceedings for review of such order under this title, unless the district court granting such relief sets it aside or modifies it.

Legislative History

Laws 1979, c. 249, § 47, emerg. eff. June 1, 1979.