Oklahoma § 45-780 - Action for damages and expenses - Injunctions, restraining

§ 45-780. Action for damages and expenses - Injunctions, restraining

orders or other orders - Jurisdiction - Relief.

A. 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. Such proceedings shall be brought against the operator

and surety either in Oklahoma County or the county in which the

violation occurred.

The Department may request the Attorney General to institute a

civil action for relief, including a permanent or temporary

injunction, restraining order or any other appropriate order in the

district court for the district in which the surface coal mining and

reclamation operation is located or in which the permittee thereof

has his principal office, whenever such permittee or his agent:

1. Violates or fails or refuses to comply with any order or

decision issued by the Department under this act;

2. Interferes with, hinders or delays the Department in

carrying out the provisions of this act;

3. Refuses to admit authorized representatives of the

Department to the mine;

4. Refuses to permit inspection of the mine by authorized

representatives of the Department;

5. Refuses to furnish any information or report requested by

the Department in furtherance of the provisions of this act; or

6. Refuses to permit access to, and copying of, such records as

the Department determines necessary in carrying out the provisions

of this act.

B. The court shall have jurisdiction to provide such relief as

may be appropriate. Any relief granted by the court to enforce an

order under paragraph 1 of this section shall continue in effect

until the completion or final termination of all proceedings for

review of such order under this title, unless the district court

granting such relief sets it aside or modifies it.

Laws 1979, c. 249, § 47, emerg. eff. June 1, 1979.