50-72-209. Right to hearing. (1) An operator notified of an order made pursuant to 50-72-204 may apply to the department for a hearing, revision, or annulment of such order. Whenever the department after such a hearing, upon complaint or upon its own motion, finds that danger throughout the area of such mine as set out in such order existed at the time of making the inspection, it shall make an order denying a revision or annulment; but if it finds that such danger did not exist throughout the area of such mine, it shall make an order consistent with its findings revising or annulling the order under review.
(2) An operator notified of an order made pursuant to 50-72-205 may apply to the department for a hearing or revision of such order. If the department finds that there was no violation, it shall make an order annulling the order under review. If the department finds that there was such a violation, but such violation has since been abated, it shall make an order annulling the order under review. If the department finds that such violation was not totally abated, it shall make an order consistent with its findings.
History: En. Sec. 1, Ch. 98, L. 1903; re-en. Sec. 1713, Rev. C. 1907; re-en. Sec. 3419, R.C.M. 1921; re-en. Sec. 3419, R.C.M. 1935; amd. Sec. 2, Ch. 310, L. 1971; amd. Sec. 21, Ch. 182, L. 1975; R.C.M. 1947, 50-102(h), (i); amd. Sec. 64, Ch. 613, L. 1989.
Structure Montana Code Annotated
Chapter 72. Safety in Mines Other Than Coal Mines
Part 2. Inspections and Investigations
50-72-202. Inspections and investigations -- when authorized
50-72-203. Inspectors and investigators to have free access to mines
50-72-204. Debarment of persons from mine when death or serious injury likely
50-72-205. Procedure when noncompliance not likely to cause death or serious injury
50-72-206. Requirements as to findings, notices, and orders
50-72-207. Notice or order subject to annulment, cancellation, or revision
50-72-208. Order subject to review
50-72-210. Actions or decisions under part to be taken as rapidly as possible