444.680. Injunction, when--violation, procedure--hearing.
Injunction, when--violation, procedure--hearing.
444.680. 1. The commission shall cause investigations to bemade of all strip mining operations in the state of Missouri. Ifthe investigation shows that strip mining is being or is going tobe conducted without a permit in violation of this law or inviolation of any revocation order, the commission shall requestthe attorney general to file suit in the name of the state ofMissouri for injunction and civil penalties not to exceed onethousand dollars per day for each day, or part thereof, theviolation has occurred and continues to occur as the court maydeem proper. Suit may be filed either in the county where theviolation occurs or in Cole County.
2. If the investigation shows that a strip mining operationfor which a permit has been issued is being conducted contrary toor in violation of any provision of sections 444.500 to 444.755or any rule or regulation promulgated by the commission or anycondition imposed on the permit or any condition of the bond, thedirector may by conference, conciliation and persuasion endeavorto eliminate the violation. If the violation is not eliminatedor the director determines that conference, conciliation andpersuasion will not be effective, the director shall file aformal complaint with the commission for suspension or revocationof the permit or for appropriate corrective measures, and forforfeiture of bond. When the director files a formal complaint,the commission shall order a hearing and cause to have issued andserved upon the person complained against a written noticetogether with a copy of the formal complaint, which shall specifythe provision of sections 444.500 to 444.755 or the rule orregulation or the condition of the permit or of the bond of whichthe person is alleged to be in violation, and a statement of themanner in, and the extent to which, the person is alleged to bein violation. The person complained against may appear andanswer the charges of the formal complaint at a hearing beforethe commission at a time not less than ten days after the date ofnotice.
3. When the commission schedules a matter for hearing, therespondent to a formal complaint may appear at the hearing inperson or by counsel, and may make oral argument, introducetestimony and evidence, and cross-examine witnesses.
4. After due consideration of the record, or upon default inappearance of the respondent on the return day specified in thenotice given as provided in subsection 2 of this section, thecommission shall issue and enter such final order, or make suchfinal determination as it shall deem appropriate under thecircumstances, and it shall immediately notify the respondentthereof in writing by certified mail.
5. Any final order or determination or other final action bythe commission shall be approved in writing by at least fourmembers of the commission. The commission shall not issue anypermits to any person who has had a permit revoked until theviolation that caused the revocation is corrected to thesatisfaction of the commission.
(L. 1971 S.B. 1 § 21)