§ 52-19-360 — Revocation of permit, fine for violation; notice, hearing, and procedure; reinstatement of permit.

(A) The department may revoke any permit issued pursuant to this chapter if it is determined that a bungee jumping facility is: (1) being operated without the insurance requirements set forth in this chapter; (2) being operated with a mechanical, electrical, structural, design, or other defect which presents an excessive risk of serious injury to jumpers, bystanders, operators, or attendants; (3) being operated without the required documentation or paperwork; or (4) being operated in a manner not consistent with the operations manual. (B) Any other violation of the provisions of this chapter may result in a revocation and/or a fine, if written notice of noncompliance is served upon the owner or lessee specifying any violation of the provisions of this chapter and directing the owner or lessee to correct the violations within the period specified by the department. In the event the owner or lessee and the department fail to agree that the violations referred to herein have in fact been corrected, then the department shall give notice of and provide a hearing for the owner or lessee to determine whether compliance has in fact been met. The Administrative Procedures Act shall govern contested cases of this nature and any other contested cases arising under the provisions of this chapter. (C) Nothing in this chapter prevents an owner or lessee whose permit to operate a bungee jump facility has been revoked pursuant to this section from reapplying for a permit in accordance with this chapter, except as otherwise specifically provided in this chapter. Upon application to have a revoked permit reinstated under this section, the department shall inspect the facility in question as promptly as practical, but in no case more than seventy-two hours after the submission of the application.

Legislative History

HISTORY: 1994 Act No. 408, SECTION 36, eff 60 days after May 24, 1994.