Termination of a construction aggregate lease.

85-04-02-15. Termination of a construction aggregate lease. 1. Failure to comply with construction aggregate lease terms, board rules, board policies, or applicable laws may result in construction aggregate lease termination by the commissioner. The commissioner may: a. Waive any breach except those terms required under applicable law; b. Allow the lessee time to cure the breach; or c. Terminate the construction aggregate lease. 2. The procedure to terminate a construction aggregate lease is as follows: a. The department shall provide notice of intent to terminate the construction aggregate lease with specific reasons for termination by certified mail to the lessee's last-known address on file with the department. b. The lessee may file with the department a written request for review of the intent to terminate the construction aggregate lease. The request for review must: (1) Be received by the department within fifteen business days of the date of notice; and 6 (2) Include a statement of reason why review is warranted. c. The commissioner may terminate a construction aggregate lease no earlier than fifteen business days after the date of notice of intent to terminate the construction aggregate lease. d. A notice of termination of a construction aggregate lease must be sent by certified mail requiring a signed receipt, or by overnight courier or delivery service requiring a signed receipt. e. Termination of a construction aggregate lease is effective upon the date of notice of termination. 3. Termination does not release the lessee from liability for royalty owed to the board, for damages resulting from a breach of a construction aggregate lease term, or to reclaim the construction aggregate leased premises. History: Effective January 1, 2020; amended effective April 1, 2026. General Authority: NDCC 15-01-02, 15-05-18 Law Implemented: NDCC 15-05-18