§ 30-2-210 — Notice of violation; correction of condition constituting violation required; penalty upon failure to comply; continuing violations; authority to close operations; right of appeal

Wyoming § 30-2-210

• Jurisdiction: Wyoming
• Title 30: Mines and Minerals
• Ch. 2: MINING OPERATIONS
• Art. 2: INSPECTOR OF MINES

Text

(a) If the inspector or his deputy finds a violation of
this act or rules or regulations adopted under it relating to
mine operating methods and conditions, he shall notify in
writing the person in charge of the mining operation of the
condition or method constituting the violation and the provision
being violated. The condition or method shall be corrected in
five (5) days or other time prescribed by the inspector or his
deputy as is reasonable in view of the nature of the condition
or method. Allowing a correction period does not prevent the
condition or method constituting a violation of this act or a
rule or regulation adopted under it. Any person failing to
correct a condition or method in the period allowed is guilty of
a misdemeanor. Each day during which the condition or method
continues uncorrected after notice of correction has been given
constitutes a separate violation.
(b) If the condition or method is not corrected within a
reasonable time, or if the condition or method constitutes a
real, present and substantial danger to the lives or safety of
persons, the inspector or his deputy may summarily order the
cessation of all activity and close the operation or part
thereof as the inspector determines constitutes the danger. The
order shall be in writing, specifying the nature of the
condition, the basis of the action ordered, the date, time and
place of the closing of the operation, and the person to whom
the order was delivered. The operator may obtain a review of the
order by the inspector or by the district court for the county
in which the principal part of the operation is located. Review
shall be afforded at the earliest possible date within ten (10)
days after the filing of the petition or as soon as the court is
available. The matter shall be given precedence on the calendar
of the court and the proceedings shall be by petition and order
to show cause, returnable within ten (10) days. If any action by
the inspector or his deputy is found to have been without
justification and to have been taken without reasonable basis,
the inspector or his deputy shall be liable on his bond for
damages resulting therefrom, including reasonable attorney's
fees incurred by the operator in the action.