18-24-107. PROCEDURE FOR REVOCATION OF PERMITS BY THE DIRECTOR.

1. The Director may revoke, modify or suspend, in whole or in part, any permit issued pursuant to this Chapter. 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 charges in conditions that require revocation, modification or suspension of the permit so as to preserve the quality of Reservation land and other resources.
2. Revocation, modification or suspension of a permit shall be effective upon the date indicated in the notice required by § 18-24-107 (2).
3. The Director shall give 30 days written notice of his intention to revoke, modify or suspend a permit to the holder of the permit. Such notice shall state the basis for the Director’s proposed action and shall be delivered to the permit holder by personal service or by the United States mail, first-class postage prepaid.
4. Within 10 days of the date of the notice required by § 18-24-107 (2) above, the Director shall conduct a formal, contested hearing pursuant to § 18-21-104. The date of the notice is the date it is issued by the Director. The Director shall prove, by a preponderance of the evidence, why the permit should be revoked, modified or suspended. The effective date of the revocation is not stayed pending hearing on the revocation. The Director’s decision shall be issued within 10 days of conclusion of the hearing and shall be served by United States mail, first-class postage prepaid, upon the permit holder and any other interested party.