Kan. Admin. Regs. § 47-15-8 - Citizen's requests for state inspections
(a) Any person may
request a state inspection under K.A.R. 47-15-7(b) by furnishing the secretary
or secretary's designee with a signed, written statement or an oral report
followed by a signed, written statement. The statement shall include the
following:
(1) the reasons that the person
believes a violation, condition, or practice referred to in K.A.R. 47-15-7(b)
exists; and
(2) a phone number and
address at which the person can be contacted.
(b) Upon request by the person, the identity
of any person supplying information to the secretary or secretary's designee
relating to a possible violation or imminent danger or harm shall remain
confidential, unless that person accompanies the inspector on the inspection.
(c) If a state inspection is
conducted as a result of information provided to the secretary or secretary's
designee as described in subsection (a) of this regulation, the person
requesting the inspection shall be notified as far in advance as practicable as
to when the inspection will occur. The person may accompany the secretary or
secretary's designee. During the inspection, the person shall have a right of
entry to, upon, and through the coal exploration or surface coal mining and
reclamation operation about which that person supplied information. However,
the person shall be in the presence of and under the control, direction, and
supervision of the secretary or secretary's designee while on the mine
property. This right of entry shall not include a right to enter buildings
without consent of the person in control of the building or without a search
warrant.
(d) Within 10 days after
the state inspection or, if there is no inspection, within 15 days after
receipt of the person's written statement, the secretary or secretary's
designee shall send the person the following:
(1)
(A) If
an inspection was conducted, a description of the enforcement action taken.
This description may consist of copies of the state inspection report and of
all notices of violation and cessation orders issued as a result of the
inspection or an explanation as to why no enforcement action was taken; or
(B) if no state inspection was
conducted, an explanation of the reason why an inspection was not considered to
be necessary; and
(2)
an explanation of the person's right, if any, to informal review of the action
or inaction of the secretary or secretary's designee under K.A.R.
47-15-1a(a)(6).
(e)
Copies of all materials in paragraphs (d)(1) and (d)(2) of this regulation
shall be given by the secretary or secretary's designee to the person alleged
to be in violation within the time limits specified in those paragraphs.
However, the name of the person requesting the inspection shall be removed
unless disclosure of the person's identity is permitted under subsection (b) of
this regulation.
Notes
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