Mo. Code Regs. tit. 10 § 40-10.080

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 10 CSR 40-10.080 - Hearings and Informal Conferences

PURPOSE: This rule amendment follows the review conducted pursuant to Executive Order 17-03. The amendment proposes to remove language that repeats statute or is obsolete.

(1) Other Hearings.

(A) If an owner of land that has been affected files a petition in opposition to the release of an operator's bond within thirty (30) days of the receipt date of the application for bond release, a hearing may be held to determine if the site meets bond release standards. The landowner shall make a demonstration that a performance standards(s) has/have not been met at the site in question in order for the commission to determine if a hearing will be held.

(B) If the director recommends denial of an application for bond release, the operator may request a hearing within thirty (30) days of the receipt of the denial.

(C) Within fifteen (15) days of being issued a formal complaint, the operator may request a hearing before the Missouri Mining Commission at its regular meeting.

(D) For any decision of the commission made pursuant to a hearing held under this section, judicial review is provided in Chapter 536, RSMo. No judicial review shall be available, however, until and unless all administrative remedies are exhausted. The hearing shall also adhere to the requirements of section 444.789, RSMo and corresponding regulations.

(E) For all hearings, the Missouri Mining Commission shall issue these orders as shall be appropriate and shall give notice to the operator and, if applicable, to the person requesting the hearing.

(F) All final orders of the commission shall be subject to judicial review. Judicial review shall not become available until all administrative remedies are exhausted.

(2) Informal Conferences.

(A) Within fifteen (15) days of receipt of a notice of violation, an operator may request an informal conference with the director at a location of the director's discretion, unless the operator has been cited for failure to obtain a permit or for failure to renew a permit, and has been issued a notice of violation under 10 CSR 40-10.070(1). The director shall give as much advance notice as practicable of the informal conference to the operator and to the person who filed the complaint that led to the notice of violation, if applicable.

1. Within thirty (30) days of the close of the informal conference, the director shall affirm, modify, or vacate the notice or order in writing. Copies of the decision shall be sent to the operator.

(B) An informal conference may be requested by any person whose property, safety, or health are adversely affected by a violation of the Land Reclamation Act and who requests the director for this informal conference. Within thirty (30) days of the informal conference, the director shall order the operator to adopt corrective measures as are necessary.

(C) Informal conferences are conducted by the director who shall take information from any person in attendance.

(D) Informal Assessment Conference.

1. The director shall arrange for an informal conference to review the proposed assessment or reassessment upon written request of the person to whom the notice or order was issued. If the request is received within fifteen (15) days from either the date of issuance of the proposed assessment/reassessment, the informal conference shall be held within sixty (60) days of the receipt of the written request.

2. Failure to hold these conferences within that sixty (60)-day time period shall not be grounds for dismissal.

3. The commission shall assign the director to hold the informal assessment conference. The conference shall not be governed by Chapter 536, RSMo regarding the requirements for formal adjudicatory hearings.

4. The director shall notify the person issued the notice or order, any person who caused, directly or indirectly, the issuance of the notice or order and any interested persons of the time and place of the conference.

5. The director shall consider all relevant information on the violation within thirty (30) days after the conference is held. The director either shall-

A. Issue a proposed settlement agreement that has been prepared and signed by him/herself to the person issued the notice or order; or

B. Affirm, raise, lower, or vacate the proposed penalty.

6. The director promptly shall serve the person assessed with the notice of his/her action in the form of a settlement agreement and a cover letter explaining the action or a letter and new worksheet, if required, if the penalty has been affirmed, vacated, raised, or lowered.

7. If the settlement agreement is signed by the person issued the notice or order, the person assessed will be deemed to have waived all rights of further review of the violation or penalty in question, except as otherwise expressly provided for in the settlement agreement, the settlement agreement shall contain a clause to this effect.

8. If the settlement agreement is entered into, the agreement shall be proposed to the commission for approval or disapproval.

9. If approved, the commission shall send the person issued the notice or order a copy of the commission order and request for payment within thirty (30) days.

10. If the settlement agreement is disapproved or if payment is not made within thirty (30) days, the assessments determined by the penalty points shall be proposed to the commission at the next regularly scheduled commission meeting.

11. If the person issued notice or order does not accept a settlement agreement or any other action of the director which is a result of the informal assessment conference, s/he may request a formal review before the commission. The request shall be received by the commission within thirty (30) days of the receipt of the director's decision from the conference.

12. At any formal review proceeding, no evidence as to statements made or evidence produced by any one (1) party at an informal conference or resultant settlement agreement shall be introduced as evidence by another party or to impeach a witness.

10 CSR 40-10.080

AUTHORITY: sections 444.767, 444.772 and 444.784, RSMo Supp. 2004* Original rule filed Aug. 2, 1991, effective 2/6/1992. Amended: Filed June 1, 1994, effective 11/30/1994. Amended: Filed April 1, 2004, effective 5/30/2005. "Original authority: 444.767, RSMo 1971, amended 1990, 1993, 2001; 444.772, RSMo 1971, amended 1984, 1990, 1992, 2001; and 444.784, RSMo 1971, amended 1990, 2001.

Amended by Missouri Register October 1, 2018/Volume 43, Number 19, effective 11/30/2018