PURPOSE: This rule sets forth the requirements for the commission, director or authorized agent to enter upon surface mined lands for the purposes of conducting inspections to assure compliance with the state laws and rules pursuant to section 444.777, RSMo.

1. (1) Access.

   1. (A) The commission, director or authorized agent, upon presentation of appropriate credentials—

      1. 1. Shall have the right-of-entry to any

lands being or have been surface mined;

1. 2. May have access, at reasonable time

and without delay, to inspect any records applicable to surface mining and reclamation operations pursuant to sections 444.760– 444.790, RSMo; and

1. 3. May inspect, at reasonable time and

without delay, the methods of operation and reclamation.

1. (2) If access is refused or an inspection obstructed or hampered, a search warrant may be obtained.

AUTHORITY: sections 444.767, 444.772 and 444.784, RSMo Supp. 2004.* Original rule filed Aug. 2, 1991, effective Feb. 6, 1992. Amended: Filed April 1, 2004, effective May 30, 2005.

*Original authority: 444.767, RSMo 1971, amended 1990, 1993, 2001; 444.772, RSMo 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.