Oklahoma Administrative Code
Title 460 - Department of Mines
Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979
Subchapter 57 - State Inspections
Section 460:20-57-3 - Citizens' request for State inspections

Universal Citation: OK Admin Code 460:20-57-3

Current through Vol. 42, No. 1, September 16, 2024

(a) A person may request a State inspection by furnishing to an authorized representative of the Director a signed, written statement (or an oral report followed by a signed, written statement) giving the authorized representative reason to believe that a violation, condition or practice exists and setting forth a telephone number and address where the person can be contacted.

(b) The identity of any person supplying information to the Department relating to a possible violation or imminent danger or harm shall remain confidential with the Department, if requested by that person, unless otherwise required by law or unless disclosure is required under law.

(c) If a State inspection is conducted as a result of information provided to the Department by a person as described in (a) of this Section, the person shall be notified as far in advance as practicable when the inspection is to occur and shall be allowed to accompany the authorized representative of the Director during the inspection. Such person has the right of entry to, upon and through the coal exploration or surface coal mining and reclamation operation about which he or she supplied information, but only if he or she is in the presence of and is under the control, direction, and supervision of the authorized representative while on the mine property. Such right of entry does not include a right to enter buildings without consent of the person in control of the building or without a search warrant.

(d) Within ten days of the State inspection, or, if there is no inspection, within fifteen days of receipt of the person's written statement, the Department shall send the person the following:

(1) If an inspection was made, a description of the enforcement action taken, which may consist of copes of the State inspection report and all notices of violation and cessation orders issued as a result of the inspection, or an explanation of why no enforcement action was taken;

(2) If no State inspection was conducted, an explanation of the reason why and;

(3) An explanation of the person;s right if any, to informal review of the action or inaction of the Department under Section 460:20-57-6.

(e) The Department shall give copies of all materials in paragraphs (d) (1) and (2) of this Section within the time limits specified in those paragraphs to the person alleged to be in violation, except that the name of the person supplying information shall be removed unless disclosure of his or her identity is permitted under (b) of this Section.

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