<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 26.20.14.12" title_num="26" subtitle_num="20" chapter_num="14" heading="Bond Forfeiture.">
  <paragraph num="A.">
    <text>Bonds may be forfeited if the Bureau finds any of the following:</text>
    <paragraph num="(1)">
      <text>The permittee has violated any of the terms or conditions of the bond;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The permittee has failed to conduct mining operations in accordance with the conditions of the permit and the Regulatory Program;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The permit for the area under bond has been revoked, unless the operator assumes liability for completion of reclamation work;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The permittee has become insolvent, failed in business, been adjudicated a bankrupt, filed a petition in bankruptcy or for a receiver, or had a receiver appointed by any court;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A creditor of the permittee has attached or executed a judgment against the permittee's equipment, materials, or facilities at the permit area; or</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The permittee cannot demonstrate or prove the ability to continue to operate in compliance with the Regulatory Program and the permit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Bond forfeiture shall be in accordance with the procedures contained in COMAR 26.20.33.</text>
  </paragraph>
  <paragraph num="C.">
    <text>An operator may not engage in open-pit mining if he has forfeited any prior bond posted under the Regulatory Program. A permit may not be issued to an applicant owned or controlled by someone who has forfeited a bond.</text>
  </paragraph>
  <paragraph num="D.">
    <text>In the event the forfeited bond is insufficient to pay for the full cost of reclamation, the permittee shall be liable for remaining costs. The Bureau may:</text>
    <paragraph num="(1)">
      <text>Complete or authorize completion of reclamation of the permit area; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Recover from the permittee all costs of reclamation in excess of the amount forfeited.</text>
    </paragraph>
  </paragraph>
</regulation>