225 ILCS 720/2.11
2021 Illinois Compiled Statutes|Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS|225 ILCS 720/ - Surface Coal Mining Land Conservation and Reclamation Act.|Article II - Permits

(225 ILCS 720/2.11) (from Ch. 96 1/2, par. 7902.11)Sec. 2.11. Procedures for Approval.(a) If a hearing has been held under Section 2.04, the Department shall  within 60 days after the last such hearing make its decision on the application  and shall promptly furnish the applicant, local government officials in the  area of the affected land, and persons who are parties to the administrative  proceedings, with the written findings of the Department and stating the  specific reasons for its decision.(b) If no hearing has been held under Section 2.04, the Department shall  make its decision on the application within 120 days after receipt by the  Department of a complete application and shall promptly notify the applicant,  local government officials in the area of the affected land, and persons  who have submitted written comments on the application of the Department's  decision with the written findings of the Department and stating the  specific reasons for its decision.(c) Within 30 days after the applicant is notified of the final decision  of the Department on the permit application, the applicant or any person  with an interest that is or may be adversely affected may request a hearing on  the reasons for the final determination.  The Department shall hold a hearing  within 30 days after this request and notify all interested parties at the time  that the applicant is notified. The notice shall be published in a newspaper of  general circulation published in each county in which any part of the area of  the affected land is located.  The notice shall appear no more than 14 days nor  less than 7 days prior to the date of the hearing.  The notice shall be no less  than one eighth page in size, and the smallest type used shall be twelve point  and shall be enclosed in a black border no less than 1/4 inch wide.  The notice  shall not be placed in that portion of the newspaper where legal notices and  classified advertisements appear. The hearing shall be of record  and adjudicatory in nature.  No person who presided at a hearing under Section  2.04 shall either preside at the hearing or participate in the decision on  the hearing.  Once a hearing has started, the hearing officer may issue interim orders allowing the Department or the applicant to correct or alter the permit or application. Within 30 days after the hearing, the Department shall issue,  and furnish the applicant, local government officials in the area of the  affected land, and all persons who participated in the hearing, its written  decision granting or denying the permit in whole or in part and stating  the reasons for its decision. No party to a formal adjudicatory hearing under  this subsection may seek judicial review of the Department's final decision on  the permit application until after the issuance of the hearing officer's  written decision granting or denying the permit.(d) If the application is approved under either subsection (a) or (b)  of this Section, the permit shall be issued.(e) If a hearing is requested under subsection (c) of this Section, the  Department may, under such conditions as it may prescribe, grant such temporary  relief as it deems appropriate pending final determination of the proceedings  if all parties to the proceedings have been notified and given an opportunity  to be heard on a request for temporary relief, the person requesting such  relief shows that there is a substantial likelihood that he will prevail  on the merits of the final determination of the proceeding, and such relief  will not adversely affect the public health or safety or cause significant  imminent environmental harm to land, air, or water resources.(f) If final action on an application does not occur within the times  prescribed in subsections (a) or (b) of this Section, whichever applies,  the applicant may deem the application denied, and such denial shall constitute  final action.  The applicant may waive these time limits.(g) For the purpose of hearings under this Section, the Department may  administer oaths, subpoena witnesses or written or printed materials, compel  attendance of the witnesses or production of the materials, and take evidence  including but not limited to site inspections of the land to be affected  and other mining operations carried on by the applicant in the general vicinity  of the proposed operation.  A verbatim record of each hearing under this  Section shall be made, and a transcript shall be made available on the  motion of any party or by order of the Department.  (Source: P.A. 97-934, eff. 8-10-12.)