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Session Laws, 1983
Volume 745, Page 1807   View pdf image
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1807
HARRY HUGHES, Governor
7-6A-22. (a)  The performance bond or cash deposit in lieu of a bond
shall be forfeited on failure of the operator to perform in the
manner set forth in the authorized mining and reclamation plan
and to reclaim the land as provided for in the permit or upon
revocation of the permit. The Department shall notify the
operator by [registered mail] CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, BEARING A POSTMARK FROM THE UNITED STATES POSTAL
SERVICE, of its intention to initiate forfeiture proceedings. The
operator has 30 days to show cause why the bond or cash deposit
should not be forfeited. 7-6A-25. (b)  The operator shall proceed with reclamation as
scheduled in the approved mining and reclamation plan. Following
each inspection, the Department shall notify the operator by
[registered mail] CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
BEARING A POSTMARK FROM THE UNITED STATES POSTAL SERVICE, of any
deficiencies noted. The operator shall proceed with mining and
reclamation as scheduled in the approved mining and reclamation
plan. Following each inspection, the Department shall notify the
operator of any deficiencies noted. Upon failure by the permittee
to correct these deficiencies, the Department may take action to
suspend or revoke the permit as provided in § 7-6A-18. 8-1412. (c)  Except as otherwise provided, any notice, order, or
other instrument issued by or under authority of the Department
may be served personally or by publication on any person
affected. Service may be made by mailing a copy of the notice,
order, or other instrument by certified [or registered] mail,
RETURN RECEIPT REQUESTED, BEARING A POSTMARK FROM THE UNITED
STATES POSTAL SERVICE, to the person affected at his last known
post-office address as shown by the Department's files or
records. Proof of service may be made by the sworn statement or
affidavit of the person who mailed the notice, order, or other
instrument. The sworn statement or affidavit shall be filed with
the Department. Article - Real Property 7-105. (b) (2) The written notice shall be sent by [registered
mail] CERTIFIED MAIL, RETURN RECEIPT REQUESTED, BEARING A
POSTMARK FROM THE UNITED STATES POSTAL SERVICE, to the present
record owner's last known address. The notice shall state the
time, place, and terms of the sale. The notice shall be sent not
earlier than 20 days and not later than 5 days before the date of
sale. The person giving the notice shall file in the proceedings
a return receipt or an affidavit that the provisions of this
paragraph have been complied with. Where such filing is made


 
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Session Laws, 1983
Volume 745, Page 1807   View pdf image
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