NDAC 43-02-01-05
Enforcement
Cite as N.D. Admin. Code ยง 43-02-01-05
The commission, its agents, representatives, and employees are charged with the duty and
obligation of enforcing all rules and statutes of the state of North Dakota relating to coal exploration and
evaluation.
It shall be the responsibility of all permit applicants and permitholders to obtain information
pertaining to the regulation of coal exploration and evaluation before the operations of the permit
applicants and permitholders have begun.
Whenever a corporate permittee violates North Dakota Century Code chapter 38-12.1 or any
permit condition or rule implemented thereunder, a director, officer, or agent of the corporate permittee
who knowingly causes such violation is subject to the criminal penalties imposed under subsection 2 of
North Dakota Century Code section 38-12.1-08. "Knowingly" is to be understood as defined by North
Dakota Century Code section 12.1-02-02. In addition, whenever a director, officer, or agent of a
corporate permittee willfully or negligently violates North Dakota Century Code chapter 38-12.1 or any
permit condition or rule implemented thereunder, civil penalties may be imposed under subsection 1 of
North Dakota Century Code section 38-12.1-08. "Willfully" and "negligently" are to be understood as
defined by North Dakota Century Code section 12.1-02-02.