Any surface mining permit granted under the provisions of this chapter shall be subject to revocation or suspension by the planning commission, for cause, and in the following manner:

    A.    Notice. The matter of revocation or suspension shall be set for a public hearing not less than ten days nor more than thirty (30) days thereafter, notice of which shall be posted on said property and a copy thereof shall be served upon the operator/permittee, either personally or by certified mail to its last known address, not less than ten days prior to the said hearing, which said notice shall specify wherein the permittee has failed to comply with this chapter or conditions specified in the surface mining permit or the approved reclamation plan, and shall require the operator/permittee to appear at said hearing on the date and hour specified at which time evidence both for and against the revocation of said permit may be offered and shall be considered by the commission.

    B.    Hearing. Upon the date set for hearing, the planning commission shall hear all charges against said operator/permittee. At the hearing, the operator/permittee shall have the right to appear in person or by counsel and to introduce evidence in opposition to such revocation or suspension.

    C.    Action by Planning Commission and Board of Supervisors. After said hearing, the planning commission shall report in writing to the board of supervisors that it has held the hearing; said report shall contain a statement of any and all findings and recommendations made by the commission. The board of supervisors shall set the matter for hearing and shall give written notice thereof to the permittee. After the conclusion of its hearing, the board may affirm, modify, or reject the recommendation of the planning commission. Any action of the board shall be based upon the commission’ s report and any other evidence produced at the board’ s hearing. Where appropriate, a further appeal may be taken by the permittee to the State Mining and Geology Board as specified by Section 6.80.200 of this chapter. (Ord. 99-60 (part): prior gen. code § 8-121.2)