The board shall conduct a hearing, which may be held by telephone conference call, to authorize disbursement of financial assurance funds to cleanup an impact or mitigate a pending impact. Notice of the hearing shall be given to the owner or operator if the owner or operator can be located after a reasonable attempt by the department. The board shall conduct the hearing in accordance with applicable provisions of SDCL chapter 1-26. The board may require the owner or operator to replace any expended financial assurance funds.

Source: 24 SDR 90, effective January 4, 1998.

General Authority: SDCL 34A-10-2.4.

Law Implemented: SDCL 34A-10-2.1 , 34A-10-2.3 , 34A-10-2.4.