Utah Admin. Code R645-403-100 - Provisions for Criminal Penalties and Civil Actions
110. The rules in R645-403 provide guidance
to exercise the authority set forth in UCA
40-10-20(4)
through
40-10-20(7),
40-10-22(2),
and
40-10-23.
111. Whenever a court of competent
jurisdiction enters a judgment against or convicts a person under these
provisions, the Division must update AVS to reflect the judgment or
conviction.
112. The existence of a
performance bond or bond forfeiture cannot be used as the sole basis for
determining that an alternative enforcement action is unwarranted.
113. Nothing in R645-403 eliminates or limits
any additional enforcement rights or procedures available under federal or
state law.
120. Under UCA
40-10-20(5)
and
40-10-20(7),
the Division may request the Utah Attorney General to pursue criminal penalties
against any person who:
120.100. Willfully
and knowingly violates a condition of the permit;
120.200. Willfully and knowingly fails or
refuses to comply with any notice, order or judicial review under
R645-400-300,
except as described in UCA
40-10-20(5);
or
120.300. Knowingly makes any
false statement, representation, or certification, or knowingly fails to make
any statement, representation, or certification in any application, record,
report, plan, or other document filed or required to be maintained under the
regulatory program or any order or decision issued by the Division or Board
under UCA
40-10-20
through
40-10-22.
121. Criminal proceedings
instigated under the authority of R645-403-120 must commence within five years
of the date of the alleged violation.
130. Under UCA
40-10-20(4)
and
40-10-22(2)(a),
the Division may request the Utah Attorney General to pursue civil action
against a permittee, or permittee's agent, who:
130.100. Violates or fails or refuses to
comply with any order or decision issued by the Division or the
Board;
130.200. Interferes with,
hinders, or delays the Division or its authorized representatives in carrying
out the provisions of the Act or its implementing rules;
130.300. Refuses to admit the Division's
authorized representatives onto the site of a coal mining and reclamation
operation;
130.400. Refuses to
allow the Division's authorized representatives to inspect a coal mining and
reclamation operation;
130.500.
Refuses to furnish any information or report that the Division requests in
furtherance of the provisions of the Act or the regulatory program;
or
130.600. Refuses to allow access
to, or copying of, those records that the Division determines necessary to
carry out the provisions of the Act and its implementing rules.
131. A civil action for relief
includes a permanent or temporary injunction, restraining order, or any other
appropriate order by a state district court for the district in which the coal
mining and reclamation operation is located or in which the permittee of the
operation has their principal office.
132. Temporary restraining orders will be
issued in accordance with Rule 65A of the Utah Rules of Civil Procedure, as
amended.
133. Any relief the court
grants to enforce an order under R645-403-131 will continue in effect until
completion or final termination of all proceedings for review of that order
under the Act or its implementing rules unless, beforehand, the Utah Supreme
Court or district court granting the relief on review grants a stay of
enforcement or sets aside or modifies the order.
Notes
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