SECTION 460:10-35-5. Review of adequacy and completeness of inspection

  Any person who is or may be adversely affected by a non-coal surface mining and reclamation operation may notify the Director in writing of any alleged failure on the part of the non-coal inspection division of the Department to make an adequate and complete or periodic inspection as provided in Section 460:10-35-2. The notification shall include sufficient information to create the reasonable belief of non-compliance with Section 460:10-35-2 and to demonstrate that the person is or may be adversely affected. The Director shall within 30 days of receipt of the notification determine compliance or non-compliance with Section 460:10-35-2, and if not, shall immediately order an inspection to remedy the non-compliance. The Director shall also furnish the complainant with a written statement of the reasons for such determination and the actions, if any, taken to remedy the non-compliance.