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Current as of January 01, 2024 | Updated by Findlaw Staff
1. In addition to other relief available, the commission may without bond or other undertaking institute a civil action for relief, including a permanent or temporary injunction, restraining order, or any other appropriate order in the North Dakota district court for the district in which the surface mining and reclamation operation is located or in which the permittee thereof has the permittee's principal office in the state, whenever such permittee or the permittee's agent:
a. Fails to comply with any order or decision issued by the commission under this chapter;
b. Interferes with or delays the commission or its authorized representative in carrying out the provisions of this chapter;
c. Refuses to admit such authorized representative to the mine;
d. Refuses to permit inspection of the mine by such authorized representative;
e. Refuses to furnish any information or report requested by the commission in furtherance of this chapter;
f. Refuses to permit access to, and copying of, such records as the commission determines necessary in carrying out the provisions of this chapter; or
g. Refuses to permit inspection of monitoring equipment.
2. The court has jurisdiction to provide such relief as may be appropriate, including a permanent or temporary injunction or restraining order.
3. Any relief granted by the court to enforce an order or decision under subdivision a of subsection 1 continues in effect until the completion or termination of all proceedings for administrative and judicial review of such order or decision unless the district court granting relief under this section sets it aside or modifies it prior to such final determination.
4. No liability may accrue to the commission or its authorized representatives in proceeding against any operator or permittee pursuant to this section.
Cite this article: FindLaw.com - North Dakota Century Code Title 38. Mining and Gas and Oil Production § 38-14.1-31. Civil action for injunctive relief - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-38-mining-and-gas-and-oil-production/nd-cent-code-sect-38-14-1-31/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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