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Coffee Shop
A Damm Good Lie
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<blockquote data-quote="inyati13" data-source="post: 1253769" data-attributes="member: 17767"><p>HIghgrit, that would get you in trouble. Fine maybe for civil law but not Administrative Law. US Laws and Regulations are administrative laws and are adjudicated in administrative courts ruled by US Administrative Law Judges. Federal regulations establish what information is required and how it should be made available. For example, pursuant to The Surface Mining Control and Reclamation Act of 1977, it would read as follows: (This is from memory, so don't hold me to the exact words)</p><p></p><p>Upon presentation of credentials by a duly authorized agent of the US Secretary of the Interior, the owner/operator shall present all permits and licenses to operate, all engineering plans and certifications….etc, etc.</p><p>Furthermore, the regulations stipulate how the information is to be made available:</p><p></p><p>all required documents, reports and authorizations to operate shall me made available to the authorized agent of the Secretary of the Interior at the mine office or other convenient location<strong> at or near the mine site</strong>. Failure to comply with these requirements shall be considered as a violation of the owner/operators right to operate and shall be enforced by the issuance of a Cessation Order…</p><p></p><p>I arrived at a mine in North Dakota. Walked into the office and met with the liaison. This was a prearranged inspection. The liaison apologized saying there would be about an hour delay. He explained that the chief mine engineer had taken the mine documents, permits and plans and they were in Bismarck. He said they had put them on a chartered helicopter and the documents were on their way. I didn't have to say a word. They knew what the consequences were. This was a large corporation and had one of the best reputations in the industry. Contrast that with a company I inspected near Hazard, KY. The chief engineer was always the liaison. He was a short fat guy who had a slight stutter. He was constantly arguing with me over what he was required to provide. It got so bad that he finally started bringing an attorney on all of our inspections.</p></blockquote><p></p>
[QUOTE="inyati13, post: 1253769, member: 17767"] HIghgrit, that would get you in trouble. Fine maybe for civil law but not Administrative Law. US Laws and Regulations are administrative laws and are adjudicated in administrative courts ruled by US Administrative Law Judges. Federal regulations establish what information is required and how it should be made available. For example, pursuant to The Surface Mining Control and Reclamation Act of 1977, it would read as follows: (This is from memory, so don’t hold me to the exact words) Upon presentation of credentials by a duly authorized agent of the US Secretary of the Interior, the owner/operator shall present all permits and licenses to operate, all engineering plans and certifications….etc, etc. Furthermore, the regulations stipulate how the information is to be made available: all required documents, reports and authorizations to operate shall me made available to the authorized agent of the Secretary of the Interior at the mine office or other convenient location[b] at or near the mine site[/b]. Failure to comply with these requirements shall be considered as a violation of the owner/operators right to operate and shall be enforced by the issuance of a Cessation Order… I arrived at a mine in North Dakota. Walked into the office and met with the liaison. This was a prearranged inspection. The liaison apologized saying there would be about an hour delay. He explained that the chief mine engineer had taken the mine documents, permits and plans and they were in Bismarck. He said they had put them on a chartered helicopter and the documents were on their way. I didn’t have to say a word. They knew what the consequences were. This was a large corporation and had one of the best reputations in the industry. Contrast that with a company I inspected near Hazard, KY. The chief engineer was always the liaison. He was a short fat guy who had a slight stutter. He was constantly arguing with me over what he was required to provide. It got so bad that he finally started bringing an attorney on all of our inspections. [/QUOTE]
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