208.8 SUSPENSION, REVOCATION, OR REFUSAL TO ISSUE
LICENSE.
1. The division may, for repeated or willful violation of any of
the provisions of this chapter, initiate an action to suspend,
revoke, or refuse to issue a mining license.
2. The division shall, by certified mail or personal service,
serve on the operator notice in writing of the charges and grounds
upon which the license is to be suspended, revoked, or will not be
issued. The notice shall include the time and the place at which a
hearing shall be held before the committee, a subcommittee appointed
by the committee, or the committee's designee, to determine whether
to suspend, revoke, or refuse to issue the license. The hearing
shall be not less than fifteen nor more than thirty days after the
mailing or service of the notice.
3. An operator whose license the division proposes to suspend,
revoke, or refuse to issue has the right to counsel and may produce
witnesses and present statements, documents, and other information in
the operator's behalf at the hearing.
4. If after full investigation and hearing the operator is found
to have willfully or repeatedly violated any of the provisions of
this chapter, the committee or subcommittee may affirm or modify the
proposed suspension, revocation, or refusal to issue the license.
5. When the committee or subcommittee finds that a license should
be suspended or revoked or should not be issued, the division shall
so notify the operator in writing by certified mail or by personal
service.
a. The suspension or revocation of a license shall become
effective thirty days after notice to the operator.
b. If the license or renewal fee has been paid and the
committee or subcommittee finds that the license should not be
issued, then the license shall expire thirty days after notice to the
operator.
6. An action by the committee or subcommittee to affirm or modify
the proposed suspension, revocation, or refusal to issue a license
constitutes a final agency action for purposes of judicial review
pursuant to section 208.11 and chapter 17A.
208.8 SUSPENSION, REVOCATION, OR REFUSAL TO ISSUE
LICENSE.
1. The division may, for repeated or willful violation of any of
the provisions of this chapter, initiate an action to suspend,
revoke, or refuse to issue a mining license.
2. The division shall, by certified mail or personal service,
serve on the operator notice in writing of the charges and grounds
upon which the license is to be suspended, revoked, or will not be
issued. The notice shall include the time and the place at which a
hearing shall be held before the committee, a subcommittee appointed
by the committee, or the committee's designee, to determine whether
to suspend, revoke, or refuse to issue the license. The hearing
shall be not less than fifteen nor more than thirty days after the
mailing or service of the notice.
3. An operator whose license the division proposes to suspend,
revoke, or refuse to issue has the right to counsel and may produce
witnesses and present statements, documents, and other information in
the operator's behalf at the hearing.
4. If after full investigation and hearing the operator is found
to have willfully or repeatedly violated any of the provisions of
this chapter, the committee or subcommittee may affirm or modify the
proposed suspension, revocation, or refusal to issue the license.
5. When the committee or subcommittee finds that a license should
be suspended or revoked or should not be issued, the division shall
so notify the operator in writing by certified mail or by personal
service.
a. The suspension or revocation of a license shall become
effective thirty days after notice to the operator.
b. If the license or renewal fee has been paid and the
committee or subcommittee finds that the license should not be
issued, then the license shall expire thirty days after notice to the
operator.
6. An action by the committee or subcommittee to affirm or modify
the proposed suspension, revocation, or refusal to issue a license
constitutes a final agency action for purposes of judicial review
pursuant to section 208.11 and chapter 17A.
208.8 SUSPENSION, REVOCATION, OR REFUSAL TO ISSUE
LICENSE.
1. The division may, for repeated or willful violation of any of
the provisions of this chapter, initiate an action to suspend,
revoke, or refuse to issue a mining license.
2. The division shall, by certified mail or personal service,
serve on the operator notice in writing of the charges and grounds
upon which the license is to be suspended, revoked, or will not be
issued. The notice shall include the time and the place at which a
hearing shall be held before the committee, a subcommittee appointed
by the committee, or the committee's designee, to determine whether
to suspend, revoke, or refuse to issue the license. The hearing
shall be not less than fifteen nor more than thirty days after the
mailing or service of the notice.
3. An operator whose license the division proposes to suspend,
revoke, or refuse to issue has the right to counsel and may produce
witnesses and present statements, documents, and other information in
the operator's behalf at the hearing.
4. If after full investigation and hearing the operator is found
to have willfully or repeatedly violated any of the provisions of
this chapter, the committee or subcommittee may affirm or modify the
proposed suspension, revocation, or refusal to issue the license.
5. When the committee or subcommittee finds that a license should
be suspended or revoked or should not be issued, the division shall
so notify the operator in writing by certified mail or by personal
service.
a. The suspension or revocation of a license shall become
effective thirty days after notice to the operator.
b. If the license or renewal fee has been paid and the
committee or subcommittee finds that the license should not be
issued, then the license shall expire thirty days after notice to the
operator.
6. An action by the committee or subcommittee to affirm or modify
the proposed suspension, revocation, or refusal to issue a license
constitutes a final agency action for purposes of judicial review
pursuant to section 208.11 and chapter 17A.
