§ 35-11-701 — Complaint; investigations; conference; cease and desist order; hearing; referee

(a) If the director or the administrators have cause to
believe that any persons are violating any provision of this act
or any rule, regulation, standard, permit, license, or variance
issued pursuant hereto, or in case any written complaint is
filed with the department alleging a violation, the director,
through the appropriate administrator, shall cause a prompt
investigation to be made.
(b) For surface coal mining operations, in the instance of
a written complaint by any person which provides a reasonable
basis to believe that a violation of article 4 of this act, or
of any rule, regulation, standard, order, license, variance or
permit issued thereunder, exists, the investigation shall
include a prompt inspection. In such event the director shall
notify the person when the inspection is proposed to be carried
out and the person shall be allowed to accompany the inspector
during the inspection, subject to reasonable control by the
inspector. The operator shall have a duty to exercise
reasonable care for the person's safety only if his presence is
known. However, this duty shall not include the duty to inspect
the premises to discover dangers which are unknown to the
operator, nor giving warning or protection against conditions
which are known or should be obvious to the person. The
operator or his designee shall be allowed to be present for any
such inspection.
(c) For other than those violations specified under
subsection (b) of this section, if, as a result of the
investigation, it appears that a violation exists, the
administrator of the proper division may, by conference,
conciliation and persuasion, endeavor promptly to eliminate the
source or cause of the violation:
(i) In case of failure to correct or remedy an
alleged violation, the director shall cause to be issued and
served upon the person alleged to be responsible for any such
violation a written notice which shall specify the provision of
this act, rule, regulation, standard, permit, license, or
variance alleged to be violated and the facts alleged to
constitute a violation thereof, and may require the person so
complained against to cease and desist from the violation within
the time the director may determine;
(ii) Any order is final unless, not later than ten
(10) days after the date the notice is served, the person or
persons named therein request, in writing, a hearing before the
council. Upon the filing of a request the order complained of
shall be stayed pending the council's final determination
thereon;
(iii) If after a hearing held pursuant to this
section, the council finds that a violation has occurred, it
shall affirm or modify such order previously issued, or issue an
appropriate order or orders for the prevention, abatement or
control of the violation involved or for the taking of other
corrective action. If, after a hearing on an order contained in
a notice, the council finds that no violation has occurred, it
shall rescind the order. Any order issued as part of a notice
or after hearing may prescribe the date or dates by which the
violation shall cease and may prescribe timetables for action.
Nothing contained in this subsection shall be construed as
preventing any person from applying for a variance as provided
in W.S. 35-11-601;
(iv) At any hearing before the council, it may
designate a person to be a referee and may authorize the referee
to receive evidence, administer oaths, examine witnesses and
issue subpoenas requiring the testimony of witnesses and the
production of evidence and to make reports and recommendations
with respect thereto. Any final determination based on the
evidence received by any referee shall be made solely by the
council.
(d) Nothing in this section shall be interpreted to in any
way limit or contravene any other remedy available under this
act, nor shall this section be interpreted as a condition
precedent to any other enforcement action under this act.