27-972. Notice of complete, incomplete or
denied plan


A. The state mine inspector shall notify the owner or operator that the plan is
complete or incomplete within thirty days after receiving the plan.


B. The inspector shall approve or disapprove a plan for new mining units within one
hundred twenty days after receiving a complete plan.


C. If the inspector notifies the owner or operator that a plan is incomplete or
denied, the inspector shall include a written explanation stating the reasons for denial
including recommendations for correcting incomplete or unacceptable parts of the plan
consistent with the requirements of this chapter. The owner or operator must refile the
corrected plan within ninety days after notification that the previous plan was
incomplete or denied or within a time frame mutually agreed on between the owner or
operator and the state mine inspector that would not materially affect the safety of
employees or cause undue hardship on an owner or operator.