WILLIAM DONALD SCHAEFER, Governor                    Ch. 189

(a)  If the operator fails or refuses to comply with the
requirements of this subtitle in any respect for which liability
has been charged on the bond, the Director shall declare the bond
forfeited, and certify the case to the Attorney General. The
Attorney General shall file suit to collect the forfeited
liability. If the operator has deposited cash or securities
instead of a bond, the Director shall declare that portion of the
deposit forfeited and direct the State Treasurer to pay the funds
into the Bituminous Coal Open-Pit Mining Reclamation Fund or
proceed to sell the securities to the extent forfeited and pay
the proceeds into the Fund.

(b)  If an operator abandons an operation, the Department
shall declare the bond forfeited unless the operator shows cause
why the bond should not be forfeited.]

7-513.

(A)  (1) IF THE DIRECTOR DETERMINES THAT AN OPERATOR HAS
persistently or repeatedly FAILED TO COMPLY WITH ANY PROVISION OF
THIS SUBTITLE, OR ANY RULE, REGULATION, OR PERMIT ISSUED UNDER
THIS SUBTITLE, OR THAT THE OPERATOR HAS NOT PRODUCED COAL OR
REMOVED OVERBURDEN ON THE PERMIT SITE FOR A PERIOD OF 6 MONTHS,
THE DIRECTOR -SHALE MAY ISSUE AN ORDER REQUIRING THE OPERATOR TO
SHOW CAUSE WHY THE PERMIT SHOULD NOT BE REVOKED AND GIVE THE
OPERATOR 30 DAYS IN WHICH TO REQUEST A CONTESTED CASE HEARING.

(2)  (I) IF A HEARING IS REQUESTED, THE DIRECTOR SHALL
INFORM THE PERMITTEE AND ALL INTERESTED PARTIES OF THE TIME AND
PLACE OF THE HEARING.

(II) ANY HEARING HELD UNDER THIS SECTION SHALL
BE HELD IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE.

(3)  IF THE OPERATOR FAILS TO SHOW CAUSE WHY THE
PERMIT SHOULD NOT BE REVOKED, THE DIRECTOR SHALL REVOKE THE

PERMIT AND FORFEIT THE BOND POSTED BY THE OPERATOR IN ACCORDANCE
WITH § 7-506 OF THIS SUBTITLE.

(B)  (1) IF THE DIRECTOR REVOKES A PERMIT AND FORFEITS THE
BOND, THE DIRECTOR SHALL NOTIFY THE OPERATOR AND THE SURETY OR
THE HOLDER OF ANY OTHER SECURITIES IF APPLICABLE, IN WRITING,
THAT ALL BONDS ARE FORFEITED AND SHALL MAKE CLAIM FOR PAYMENT.

(2)  IF THE SURETY OR THE HOLDER OF ANY OTHER
SECURITIES REFUSES TO MAKE PAYMENT WITHIN A REASONABLE TIME, THE
DIRECTOR SHALL CERTIFY THE CASE TO THE ATTORNEY GENERAL, WHO
SHALL FILE SUIT TO COLLECT THE FORFEITED BOND.

(3)  THE DIRECTOR SHALL DEPOSIT ALL FUNDS RECEIVED
FROM THE FORFEITURE ON BOND WITH THE STATE TREASURER TO THE
CREDIT OF THE BITUMINOUS COAL OPEN-PIT MINING RECLAMATION FUND.

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