40-6-11 - Power to summon witnesses, administer oaths and require production of records -- Enforcement -- Penalties for violation of chapter or rules -- Illegal oil or gas -- Civil liability.
40-6-11. Power to summon witnesses, administer oaths and require production ofrecords -- Enforcement -- Penalties for violation of chapter or rules -- Illegal oil or gas --Civil liability.
(1) The board may summon witnesses, administer oaths, and require the production ofrecords, books, and documents for examination at any hearing or investigation conducted by it.
(2) (a) If any person fails or refuses to comply with a subpoena issued by the board, orfails or refuses to testify about any matter, the board may apply to any district court in the statefor an order compelling that person to comply with the subpoena, and to attend before the boardand produce the subpoenaed records, books, and documents for examination, and to give histestimony.
(b) The court may punish the person for contempt as if he disobeyed a subpoena issuedby the court, or if he refused to testify in a court.
(3) (a) Whenever it appears that any person is violating any provision of this chapter orany rule or order made under the authority of this chapter, the board may issue an order requiringcompliance within a period not to exceed 30 days.
(b) The board may bring suit in the name of the state against any person violating thischapter, or rules or orders made under the authority of this chapter if:
(i) the violation continues after expiration of the time period granted in Subsection (3)(a);
(ii) the violation presents an immediate threat to public health, safety, or welfare; or
(iii) the violation would cause waste.
(4) (a) If the board determines, after an adjudicative proceeding, that any person hasviolated any provision of this chapter, or any permit, rule, or order made under the provisions ofthis chapter, that person is subject, in a civil proceeding, to a penalty not exceeding $5,000 perday for each day of violation.
(b) If the board determines that the violation is willful, that person may be fined not morethan $10,000 for each day of violation.
(5) If ordered to do so by the board, the director of the division may order the immediateclosure or shutdown of any well that is operating in violation of the provisions of this chapter, ifthe closure or shutdown will not cause waste or is necessary because of an immediate threat topublic health, safety, or welfare.
(6) (a) No person may sell, purchase, acquire, transport, refine, process, or handle illegaloil, gas, or product, if the person knows or has reason to know that the oil, gas, or product isillegal.
(b) The court in the district where the illegal oil, gas, or product is found, shall, afternotice and hearing in an action brought by the board, order the product to be seized and sold, andthe proceeds returned or held for the legal owner.
(7) (a) Nothing in this chapter, and no suit by or against the board, and no violationcharged or asserted against any person under any provisions of this chapter, or any rule or orderissued under the authority of this chapter, shall impair, abridge, or delay any cause of action fordamages that any person may have or assert against any person violating any provision of thischapter, or any rule or order issued under the authority of this chapter.
(b) Any person damaged by any violation may sue for and recover whatever damages thathe otherwise may be entitled to receive.
Amended by Chapter 161, 1987 General Session