Terms Used In Kansas Statutes 49-618

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Director: means the executive director of the division or a designee. See Kansas Statutes 49-603
  • Mine: means any underground or surface mine developed and operated for the purpose of extracting rocks, minerals and industrial materials, other than coal, oil and gas. See Kansas Statutes 49-603
  • Operator: means any person who engages in surface mining or operation of an underground mine or mines. See Kansas Statutes 49-603
  • Person: means any individual, firm, partnership, corporation, government or other entity. See Kansas Statutes 49-603
  • Secretary: means the Kansas secretary of agriculture. See Kansas Statutes 49-603

(a) The director or the director’s designee, when accompanied by the operator or operator’s designee during regular business hours, may inspect any lands on which any operator is authorized to operate a mine for the purpose of determining whether the operator is or has been complying with the provisions of this act.

(b) The director shall give written notice to any operator who violates any of the provisions of this act or any rules and regulations adopted by the director pursuant to this act.

(c) If corrective measures approved by the director are not commenced within 90 days, the secretary shall, at the request of the director, issue a written order stating the nature of the violation, the penalty to be imposed and the right of the person to appeal to the secretary pursuant to Kan. Stat. Ann. § 49-621, and amendments thereto.