The Department of Mines shall notify the operator and the surety in writing of any claimed violation of the provisions of this act or the rules and regulations of the Department. If the person claiming the violation states in writing that he desires the source of the complaint to be kept confidential, the Department shall maintain such information in confidence. If the operator denies the alleged violation, the Department shall hold a hearing on said charges. Said hearing shall be held not less than thirty (30) days from the notice of hearing.

1. 1. Provide by mail to the affected surface owners who have filed a complaint, a copy of any alleged violations affecting the surface estate issued to the operator within five (5) days after such violation is cited;
2. 2. Notify the surface owners who have filed a complaint of any hearings in connection to alleged violations affecting the surface estate in the same manner and at the same time as the operator; and
3. 3. Provide surface owners who have filed a complaint with complete information on the disposition of all violations affecting the surface estate cited at the same time the operator is notified.

At such hearing the operator shall have the right to present evidence in opposition to the claimed violation.

If upon such hearing the Department shall determine that a violation has occurred, the Department shall make detailed findings of the violation and the necessary corrective measures. The order shall provide a reasonable time, commensurate with the work to be done, for the operator to perform the corrective measures. The surety may perform for the operator.

If the operator fails to perform the corrective work required by the Department or fails to properly perform said work, the Department may contract for the work to be done. The Department shall not issue any permits to an operator who has failed to perform such corrective work, or has defaulted with respect to the bond or other security required by Section 728 of this title, until such obligations are met by the operator or his surety or agent, as determined by the Department.

The Attorney General, upon request of the Department, shall institute proceedings to recover any damages and expense which the Department may have sustained by reason of the default of the operator but in no event shall such recovery exceed the face amount of the bond. Such proceedings shall be brought against the operator and surety either in Oklahoma County or the county in which the violation occurred.

In order to fully inform affected surface owners who have filed a complaint of any alleged violations affecting the surface estate by an operator, the Department shall:

Laws 1971, HB 1492, c. 332, § 9, emerg. eff. June 12, 1971; Amended by Laws 1978, HB 1690, c. 67, § 1; Amended by Laws 1985, HB 1398, c. 339, § 1, emerg. eff. July 30, 1985; Amended by Laws 1989, SB 152, c. 282, § 2, eff. November 1, 1989.