82-4-377. Independent review panel -- selection -- duties. (1) (a) The operator or permit applicant shall identify at least three independent review panel members to serve on the independent review panel and shall submit those names to the department. The department may reject any proposed panel members. If the department rejects a proposed panel member, the operator or permit applicant shall continue to select independent review panel members until at least three panel members are approved by the department.

(b) The independent review panel must consist of a majority of licensed engineers as described in 82-4-303(13)(a).

(c) An independent review panel member, as defined in 82-4-303, may not be held individually liable for any act or omission made in the course and scope of their capacity as a department-approved panel member on an independent review panel pursuant to this part.

(2) An independent review panel member may not be an employee of:

(a) an operator or permit applicant; or

(b) the design consultant, the engineer of record, or the constructor.

(3) The operator or permit applicant shall contract with panel members, process invoices, and pay costs.

(4) A representative of the department and a representative of the operator or permit applicant may participate on the panel, but they are not members of the panel and their participation is nonbinding on the review of the design document.

(5) The engineer of record is not a member of the panel but shall participate in the panel review of the design document.

(6) The operator or permit applicant shall provide each panel member with a copy of the design document and other information requested by the panel members.

(7) The panel members shall review the design document required pursuant to 82-4-376, underlying analysis, and assumptions for consistency with this part. The panel members shall assess the practicable application of current technology in the proposed design.

(8) Following the review of the design document, the panel members shall prepare a written report signed by each panel member that summarizes the review. The written report may include recommended modifications to the design document for consistency with this part. The panel members shall provide the written report to the operator or permit applicant and the department. The panel members' determination is conclusive.

(9) (a) If the written report does not contain any recommended modification to a design document, the engineer of record shall certify the completed design document. The operator or permit applicant shall submit the final design document to the department pursuant to 82-4-376.

(b) If a written report contains recommended modifications to the design document,the engineer of record shall modify the design document to address the recommended modifications and shall submit the revised designed document to the panel members for review. Following written concurrence from the panel members that the revised design document adequately addresses the recommended modifications stated in the written report, the engineer of record shall certify the completed design document. The operator or permit applicant shall submit the final design document to the department pursuant to 82-4-376. The panel members' determination is conclusive.

(10) For an expansion of a tailings storage facility for which the original design document was approved by the department, the operator shall make a reasonable effort to retain the previous panel members. To replace a panel member, the process in subsection (1) must be followed.