Missouri Revised Statutes
Chapter 256 - Geology, Water Resources and Geodetic Survey
Section 256.630 - Violations of the law, suspension, revocation — procedure, appeals.

Effective - 28 Aug 1991
256.630. Violations of the law, suspension, revocation — procedure, appeals. — 1. If the division determines that the holder of any permit issued pursuant to sections 256.600 to 256.640 has violated any provision of sections 256.600 to 256.640, or any rule or regulation adopted pursuant thereto, the division shall reprimand, suspend, place any such permittee on probation or revoke a permit.
2. The division shall cause to have issued and served upon the permittee a written notice of the order or revocation issued under section 256.619 or this section, which notice shall include a copy of the order, shall specify the provision of sections 256.600 to 256.640, or the standard, rule or regulation, order or permit term or condition of which the permittee is alleged to be in violation and a statement of the manner in which the person is alleged to violate sections 256.600 to 256.640, or the standard, rule or regulation, order or permit term or condition. Service may be made upon any person within or without the state by registered or certified mail, return receipt requested. Any person against whom the division issues an order may appeal it by filing a petition with the board within thirty days. The appeal shall stay the enforcement of the order until a final determination is made.
3. After due consideration of the record, or upon default in appearance of the petitioner at any hearing of which he has been given notice by registered or certified mail, the board shall issue and enter such final order, or make such final determination as it deems appropriate under the circumstances. The board may sustain, reverse or modify the division's order or may make such other orders as it deems appropriate under the circumstances. It shall notify the petitioner or respondent thereof in writing by certified or registered mail.
4. Any affected person aggrieved by an action of the division may appeal to the board. At any public hearing all testimony taken before the board, or a hearing officer appointed by the board, shall be under oath and recorded stenographically. The transcript so recorded shall be made available to any person upon payment of a fee equal to the cost of reproduction. All final orders and determinations of the board or the division made pursuant to the provisions of sections 256.600 to 256.640 are subject to judicial review pursuant to the provisions of section 536.100. Any person who has exhausted all administrative remedies provided by chapter 536 and who is aggrieved by a final decision in a contested case, whether such decision is affirmative or negative in form, shall be entitled to judicial review in the form of a trial de novo in the circuit court of the county wherein the alleged impropriety occurred.
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(L. 1985 S.B. 281 § 10, A.L. 1991 S.B. 221)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVI - Conservation, Resources and Development

Chapter 256 - Geology, Water Resources and Geodetic Survey

Section 256.010 - State geologist — appointment — duties.

Section 256.030 - Governor, state geologist — powers.

Section 256.040 - Oath of office — private consulting prohibited.

Section 256.050 - State geologist and assistants — duties.

Section 256.055 - Revolving fund for cash transactions involving the sale of Division of Geology and Land Survey items established.

Section 256.060 - Survey of water resources.

Section 256.070 - Maintenance of cabinet collection.

Section 256.080 - Duty of assistants.

Section 256.090 - Information released to press — confidential material released, when — use of collections by educational institutions.

Section 256.100 - Additional technical work — authorization.

Section 256.110 - Cooperation with federal agencies.

Section 256.112 - Mine map repository established in office of state geologist — contents to be maps of closed or abandoned underground mines.

Section 256.113 - Maps to be open for inspection in presence of authorized personnel — copies made with consent of owner, exceptions.

Section 256.115 - State geologist to acquire maps — owners or operators of underground mines closed permanently or temporarily to furnish true copies, when, contents.

Section 256.117 - Funding for operation of map repository from document services fund — money from sales of maps or products deposited in fund.

Section 256.120 - Geodetic surveyors may enter on lands.

Section 256.130 - Damages — hearings — procedure.

Section 256.140 - Costs, how adjusted.

Section 256.150 - Appeals.

Section 256.155 - Interstate earthquake emergency compact.

Section 256.170 - Definitions.

Section 256.173 - Cities and counties to be furnished geologic hazard assessment prepared by division of geology and land survey.

Section 256.175 - High seismic risk area data — duties of department.

Section 256.200 - Duties and powers of commission.

Section 256.230 - Bonds of members and employees.

Section 256.250 - Public agencies to cooperate with commission.

Section 256.260 - Reports of commission.

Section 256.280 - Definition.

Section 256.290 - Water development fund created, purposes — funds not to revert.

Section 256.300 - Commission may contract with federal agencies.

Section 256.310 - Duties of commission.

Section 256.320 - Basis of payment — debt to be lien on property, how collected.

Section 256.330 - Commission to report to legislature, contents.

Section 256.340 - Legislature may appropriate from fund, purposes.

Section 256.350 - Law not to affect existing contracts.

Section 256.360 - Commission to protect public interest in federal reservoirs.

Section 256.400 - Definitions.

Section 256.405 - Purpose to develop information for future water resource management — water usage law applicable to — exemptions.

Section 256.410 - Major water users withdrawing or diverting water required to file registration with division, content.

Section 256.415 - Nuisance, unregistered diversion of water by major water user — injunction — injunction dissolved, when.

Section 256.420 - Inspection by state geologist — court order if permission refused.

Section 256.425 - Division to compile information to determine water needs and usage of state — staff limitation.

Section 256.430 - Department may accept gifts, grants — law not to be construed to limit common law water rights.

Section 256.433 - Southeast Missouri regional water district, limitation on withdrawal or diversion by major water users.

Section 256.435 - Citation of law.

Section 256.437 - Definitions.

Section 256.438 - Fund created, use of moneys--rulemaking authority.

Section 256.440 - Multipurpose water resource program established, department to administer — state may participate in water resource project, when.

Section 256.443 - Plan, content — approval of plan by director — eligibility of projects to receive contributions, grants or bequests for construction or renovation costs, limitation.

Section 256.445 - Political subdivision, with sponsor's plan approved, submit to voters ballot to incur debt, issue bonds, levy and collect taxes — bonds, procedure to issue — rate of tax — how calculated — collection.

Section 256.447 - Rulemaking authority.

Section 256.450 - Citation of law.

Section 256.453 - Definitions.

Section 256.456 - Geology work to be performed under supervision of registered geologist, when — reports, supervised by registered geologist — prohibited designations, when — penalty.

Section 256.459 - Board of geologist registration created — members, qualifications, appointment — public members — terms — bond not required — attorney general to represent board — expenses, reimbursement, compensation, rules authorized.

Section 256.462 - Meetings of board — officers — rules — examinations, preparation of — certificates of registration, issuance of, code of professional conduct — suspension, revocation of certificate, when — specialty fields, board may recognize.

Section 256.465 - Fund, established — fees to be set by board, limit.

Section 256.468 - Application for certification, contents, requirements — examination required — geologist-registrant in-training, designation — board, powers and duties.

Section 256.471 - Exempt activities.

Section 256.474 - Failure to abide by requirements, board may reprimand.

Section 256.477 - Prohibited activities, penalties — board to revoke certificate, when.

Section 256.480 - Complaints, board shall investigate, procedures — board may issue order, powers — appeal of order or action of board.

Section 256.483 - Alteration of document prohibited, when, penalty — false evidence or testimony, penalty — action under expired certificate of registration, penalty.

Section 256.600 - Title of law.

Section 256.603 - Definitions.

Section 256.605 - Well installation board established — membership — terms — qualifications.

Section 256.606 - Rules and regulations — applicants' qualifications.

Section 256.607 - Well installation contractor, permit — heat pump installation contractor, permit.

Section 256.611 - Application, qualifications.

Section 256.613 - Written examinations.

Section 256.614 - Notice to division, when — forms — registration and certification, fee — encountering gas or oil.

Section 256.615 - Abandoned wells, plugging required — test holes, plugging — confidentiality of information — penalty.

Section 256.616 - Performance bond or letter of credit may be required — conditions.

Section 256.617 - Drilling rigs, how marked — rig permits.

Section 256.620 - Certain wells exempted from regulation.

Section 256.621 - Surface water tracing, registration required — renewal — documentation required.

Section 256.623 - Fees — appeals process for disciplinary action.

Section 256.626 - Promulgation of rules and regulations — heat pump coolants, preference.

Section 256.628 - Obligation to plug abandoned well, notification — information to be filed, form — inspection, injunction, penalty.

Section 256.630 - Violations of the law, suspension, revocation — procedure, appeals.

Section 256.633 - Injunctions — attorney general to represent division.

Section 256.635 - Audit of division — groundwater protection fund, purpose.

Section 256.637 - Violations of law, civil and criminal penalties.

Section 256.640 - Rules, procedure.

Section 256.641 - Definitions.

Section 256.643 - Southeast Missouri regional water district, certain counties may be included — governed by commission.

Section 256.645 - Counties to adopt plan to set boundaries of district — meeting of landowners — notice requirement.

Section 256.647 - Qualified voters to elect chairman and secretary — vote to become part of district and to select one commissioner, elections procedure.

Section 256.649 - Counties not joining may subsequently join, procedure — commissioners' qualifications.

Section 256.651 - Meeting of commission, location — terms of office, how determined — vacancies — per diem — oath.

Section 256.653 - President and secretary to be elected, qualifications, terms — commission's powers and duties.

Section 256.655 - Fees may be established for persons owning irrigation wells — qualification, limitation — to raise fee must submit to voters.

Section 256.657 - Secretary of commission to serve as treasurer — salary, expenses, staff and equipment — bond requirement — deposit of funds — duties — annual audit — report — warrants, form.

Section 256.660 - Disincorporation of district, procedure.

Section 256.670 - Definitions — geographical information system, public access — community creation of system — fee — licensing of system, factors — construction of law — liability shield.

Section 256.700 - Surface mining, fee — director to require fee, when — amount of fee — expiration date — rulemaking authority.

Section 256.705 - Fund created, use of moneys.

Section 256.710 - Industrial minerals advisory council created, members, duties, terms, vacancies.