Kan. Admin. Regs. § 47-15-15 - Service of notices of violations and cessation orders
(a) Promptly after
issuance, each notice of violation or cessation order shall be served on the
person to whom it is directed or to that person's designated agent, as follows:
(1)
(A) A
copy of each notice of violation or cessation order may be tendered, at the
coal exploration or surface coal mining and reclamation operation, to the
designated agent or to the individual who, based upon reasonable inquiry by the
authorized representative, appears to be in charge of the coal exploration or
surface coal mining and reclamation operation referred to in the notice or
order.
(B) If no one in charge can
be found, the copy may be tendered to any individual at the site who appears to
be an employee or agent of the person to whom the notice or order is issued.
(C) Service shall be complete upon
tender of the notice or order and shall not be deemed incomplete because of
refusal to accept.
(2)
(A) In the alternative, service may be made
by sending a copy of the notice or order by certified mail or by delivering the
copy by hand to the person to whom it is issued or to the person's designated
agent.
(B) Service shall be
complete upon tender of the notice or order or upon certified mailing of the
notice or order, and service shall not be deemed incomplete because of refusal
to accept.
(b) A show cause order may be served on the
person to whom it is issued in either manner provided in subsection (a) of this
regulation.
(c) A person shall
make any designation of an agent for service of notices and orders in writing
and to the secretary or secretary's designee.
(d) The secretary or secretary's designee may
furnish copies to any person having an interest in the coal exploration,
surface coal mining and reclamation operation, or the permit area, including
the owner of the fee, a corporate officer of the permittee or entity conducting
coal exploration, or the bonding company.
Notes
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