1. 1. The financial assurance is subject to forfeiture;
2. 2. The responsible party has a right to a hearing under A.R.S. Title 41, Chapter 6, Article 10; and

3. 3. The conditions under which the responsible party may avoid forfeiture including:

   1. a. Reaching an agreement with the Inspector regarding a compliance schedule under which the responsible party or another party will perform reclamation operations that meet the conditions and requirements of the approved reclamation plan, the Act, and this Chapter; and
   2. b. Obtaining a surety bond to replace the financial assurance mechanism subject to forfeiture in an amount sufficient to complete the reclamation as agreed under subsection (3)(a).

At least 30 days before initiating forfeiture action, the Inspector shall provide written notice to both the responsible party and all principals and sureties by certified mail with receipt, express mail with receipt, or hand delivery that:

Historical Note

New Section made by final rulemaking at 25 A.A.R. 828, effective May 11, 2019 (Supp. 19-1).