Okla. Admin. Code § 460:10-17-15

Current through Vol. 42, No. 4, November 1, 2024

Section 460:10-17-15 - Administrative review

(a)General. Within 30 days after an applicant or permittee is notified of the decision of the department concerning an application for approval of a permit for mining, the applicant, permittee, or any person with an interest which is or may be adversely affected may request a hearing on the reasons for the decision, in accordance with this Section.

(b)Administrative hearings.

(1) The hearing shall be on the record and adjudicatory in nature. No person who presided at an informal conference under Section 460:10-17-7 shall either preside at the hearing or participate in the decision following the hearing or administrative appeal.

(2) The Department may, under such conditions as it prescribes, grant such temporary relief as it deems appropriate, pending final determination of the proceedings, if:

(A) All parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;

(B) The person requesting that relief shows that there is a substantial likelihood that he or she will prevail on the merits of the final determination of the proceedings;

(C) The relief sought will not adversely affect the public health or safety, or course significant, imminent environmental harm to land, air, or water resources;

(D) The relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the Department except that continuation under an existing permit may be allowed where the operation has a valid permit issued under 45 O.S. Section 724 of the Act.

(3) The hearing shall be conducted in accordance with OAC: 460:3-1-5 of the Non-Coal Rules of Practice and Procedures.

Okla. Admin. Code § 460:10-17-15

Added at 15 Ok Reg 3955, eff 7-22-98 (emergency); Added at 16 Ok Reg 1609, eff 5-27-99