50-73-104. Injunction and other civil relief authorized. A civil action for preventive relief, including but not limited to an application for a permanent or temporary injunction, restraining order, or other appropriate order, may be instituted by the department in the district court for the county in which the mine in question is located or in which the mine operator has its principal office when an operator:

Terms Used In Montana Code 50-73-104

  • Department: means the department of labor and industry and the state coal mine inspectors employed by the department. See Montana Code 50-73-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

(1)violates or fails or refuses to comply with an order, rule, or standard adopted under this chapter;

(2)interferes with, hinders, or delays the department or its authorized representatives in carrying out any duties under this chapter;

(3)refuses to admit an authorized representative of the department to a mine which is subject to this chapter;

(4)refuses to permit the inspection or investigation of a mine or an accident, injury, or occupational disease occurring in or connected with a mine; or

(5)refuses to furnish the department any information or report requested by the department and which may reasonably be necessary to carry out the provisions of this chapter.