18-21-111. PROCEDURE FOR REVOCATION OF PERMITS BY THE COMMISSION.

1. The Commission may revoke, modify or suspend, in whole or in part, any permit issued pursuant to this Title or Title 19. Such a revocation, modification or suspension must be for cause, which may include but is not limited to a violation of any permit conditions, obtaining a permit by misrepresentation or failure to disclose any relevant facts, or changes in conditions that require revocation, modification or suspension of the permit so as to preserve the quality of Reservation resources.
2. The Commission shall give 30 days written notice of its intention to revoke, modify or suspend a permit to the holder of the permit and the Director. The date of the notice shall be the date it is issued by the Commission. Such notice shall state the basis for the Commission’s proposed action and shall be delivered to the permit holder by personal service or by United States mail, firs-class postage prepaid. If the Commission intends to revoke a permit issued pursuant to Chapter Six of Title 19, it shall also serve a copy of such notice upon the United States Environmental Protection Agency.
3. Within 30 days of receipt of the notice required by subsection (2) above, the holder of the permit may request a contested hearing pursuant to § 18-21-104. Such a hearing shall be held within 30 days of service upon the Commission of such request, and the Director shall prove, by a preponderance of the evidence, why the permit should be revoked, modified or suspended. A request for a hearing does not stay the revocation, modification or suspension of the permit. The Commission’s decision shall be issued within 30 days of conclusion of the hearing, and shall be served by United States mail, first-class postage prepaid, upon the permit holder and the Director.
4. Revocation, modification or suspension of a permit shall be effective upon the date indicated in the notice required by subsection (2) above.
5. The Commission’s final order revoking, modifying or suspending any permit shall be publicized pursuant to § 19-5-105 (5). If the Commission revokes a permit issued pursuant to Chapter Six of this Title, it shall serve a copy of its revocation order upon the United States Environmental Protection Agency as well.