reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.02 - Jurisdiction Of DHA

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The jurisdiction of DHA as set forth in Section 8 of the Act includes the authority to exercise appellate review under the Act pertaining to --
(a) Formal requests and subsequent appeals for review of decisions by the Regulatory Authority regarding determinations concerning permits for surface coal mining operation pursuant to Section 20 of the Act.
(b) Appeals for review of assessments of civil penalties issued by the Regulatory Authority pursuant to Section 26 of the Act.
(c) Appeals for review of notices of violation and orders of cessation or modifications, vacations, or terminations thereof pursuant to Section 25 of the Act.
(d) Proceedings for suspension or revocation of permits or a demonstrated pattern of willful violations pursuant to Section 25 of the Act.
(e) Applications for temporary relief under any appropriate Section of the Act.
(f) Demands for hearings for review of proposed leases under Section 33 of the Act.
(g) Requests for hearings on bond release when written objections are filed pursuant to Section 21.
(h) All other appeals and review procedures permitted under the Act.
(i) Hearings relating to any aspect or matter in the administration or enforcement of surface coal mining and reclamation activities which occurred under the Alabama Surface Mining Act of 1969 and the Alabama Surface Mining Reclamation Act of 1975.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.03 - Construction

Current through Register Vol. 42, No. 9, June 28, 2024
These rules shall be construed to achieve the just, timely, and inexpensive determination of all proceedings consistent with adequate consideration of the issues involved.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.04 - Eligibility To Practice

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To be eligible to practice under any of the provisions of this Act, a person must be admitted to the practice of law in the State of Alabama, or
(2) Be specially admitted by a hearing officer for these proceedings pursuant to the following:
(a) Such person must be an officer, director, partner, owner, an employee in a supervisory capacity or any other persons as an agent with authority to enter into binding contracts; or
(b) An attorney admitted to the practice of law in any jurisdiction other than the State of Alabama.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.05 - Parties

Current through Register Vol. 42, No. 9, June 28, 2024
All persons indicated in the Act as parties to administrative review proceedings under the Act shall be considered statutory parties. Such statutory parties include:
(a) In a civil penalty proceeding under Sections 25 and 26 of the Act, the Regulatory Authority and any person against whom a proposed assessment is made who files a petition.
(b) In a review proceeding pursuant to Section 20 of the Act, the Regulatory Authority; and
1. An applicant or permittee who files an application for review; and
2. If any other person having an interest which is or may be adversely affected files an application for review, the applicant or permittee and the person filing such application.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.06 - Filing Of Documents

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All pleadings and notices of actions in a proceeding to be conducted through DHA shall be filed by hand or by first class mail with the Division of Hearings and Appeals, Alabama Surface Mining Commission, 1802 4th Avenue, Post Office Box 2390, Jasper, Alabama 35502.
(2) Any person filing pleadings and notices of action shall file an original and one copy with DHA accompanied by the necessary fees.
(3) A proceeding under these rules before DHA or a notice of appeal with the DHA shall be served by --
(a) Registered or certified mail with return receipt, or
(b) In person and acknowledged by the party served, or
(c) In person by an official Process Server with proper return, or
(d) Publication where appropriate, if no other method of service has been successful or is deemed likely to be successful as stated in the required affidavit.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.07 - Form Of Documents

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any document filed with DHA in any proceeding brought under the Act shall be captioned with --
(a) The name of the parties;
(b) The name and permit number of the mine to which the document relates; and
(c) If applicable, identification by number of any notice or order sought to be reviewed and, if assigned to a proceeding, the docket number.
(d) The caption may include other information appropriate for identification of the proceeding.
(e) The original of any document filed with DHA shall be signed by the person submitting the document or by that person's legal representative.
(f) Each document shall contain a Title that identifies the contents of the document following the caption.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.09 - Intervention

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person, including a state, county, or municipal authority, may petition for leave to intervene at any stage of a proceeding under the Act.
(2) A petitioner for leave to intervene shall assert that he has a statutory right to intervene. The hearing officer may consider other relevant circumstances in determining whether intervention is appropriate. Such circumstances shall include:
(a) The nature of the issues;
(b) The adequacy of representation of petitioners' interest which is provided by the existing parties to the proceeding;
(c) The ability of the petitioner to present relevant evidence and argument; and
(d) The effect of intervention on the Regulatory Authority's implementation of its statutory mandate.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.10 - Voluntary Dismissal

Current through Register Vol. 42, No. 9, June 28, 2024
Any party who initiated a proceeding before DHA may seek to withdraw by moving to dismiss at any stage of a proceeding and the hearing officer may grant such a motion.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.11 - Motions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except for oral motions made in a proceeding on the record, or where the hearing officer otherwise directs, each motion shall be in writing and contain a concise statement of supporting grounds. Failure to make a timely motion or to file a statement may be construed as a waiver of objection.
(2) All other parties will have fourteen (14) days to respond to a motion unless the hearing officer otherwise directs and failure during this time to respond will be deemed a waiver of objection.
(3) The hearing officer shall rule on all motions as expeditiously as possible.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.12 - Consolidation Of Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
Upon motion by a party or at the initiative of the hearing officer, proceedings involving a common question of law or fact may be consolidated.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.13 - Advancement Of Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except in temporary relief proceedings or expedited review proceedings and after a commencement of a proceeding any party may move to advance the scheduling of a proceeding. The motion shall be in writing and describe the exigent circumstances justifying an advancement and the irreparable harm that would result if the motion were not granted.
(2) The other parties shall have seven (7) days to respond to the motion unless otherwise directed by the hearing officer.
(3) Following timely receipt of statements in response to the motion, the hearing officer may schedule a hearing on the motion. If the motion is granted, the hearing officer may advance pleading schedules, prehearing conferences and the hearing at his discretion.
(4) The hearing officer may make the advancement as he deems appropriate but shall in no case have a hearing on the merits with less than five (5) days notice to the parties.
(5) If the motion is granted, where appropriate, the DHA may advance the appeal on its calendar and order such other advancement as may be appropriate.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.14 - Waiver Of Right To Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
Any party entitled to a hearing before a hearing officer may waive such right in writing properly filed as any other pleading. Where parties are directed by any rule in the regulations to file a responsive pleading on or before a specified time, any party who fails to file such responsive pleading by the time specified may be deemed to have waived his right to a hearing. Unless all parties to the proceeding who are entitled to a hearing waive, or are deemed to have waived such right, a hearing will be held.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.15 - Status Of Notice Of Violation And Orders Of Cessation Pending Review By DHA

Current through Register Vol. 42, No. 9, June 28, 2024
Except where temporary relief is granted, notices of violation and orders of cessation issued under the Act shall remain in effect during the pendancy of review before a hearing officer or the Commission.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.16 - Evidentiary Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
At a hearing all testimony shall be given under oath and recorded; however, the record shall not be transcribed unless further appeal is made or the State Regulatory Authority so directs.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.17 - Powers Of Hearing Officers

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The hearing officer shall have the following powers:
(a) Administer oaths and affirmations;
(b) Certify to official Acts;
(c) Take and cause to be taken depositions of witnesses;
(d) Issue and serve subpoenas;
(e) Compel attendance of witnesses and the production of papers, books, accounts, payrolls, documents, records and testimony;
(f) Provide for site inspections or inspection of other operations;
(g) Issue appropriate orders relating to discovery;
(h) Rule on procedural requests or similar matters;
(i) Regulate the course of the hearing;
(j) Rule on offers of proof and receive relevant evidence;
(k) Make or recommend decisions;
(l) Order prehearing conferences for such purposes as may be appropriate; and
(m) Grant such temporary relief as he deems appropriate pending final determination of the proceeding if --
1. A hearing has been held in the locality of the permit area on the application for temporary relief in which all parties were given an opportunity to be heard;
2. The applicant shows that there is substantial likelihood that the findings of the hearing officer will be favorable to him;
3. Such relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources; and
4. The relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the Regulatory Authority.
(n) Issue appropriate orders relating to Service of Process or any other service of the Regulatory Authority or the Division of Hearings and Appeals.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.18 - Conduct Of Hearing Officers

Current through Register Vol. 42, No. 9, June 28, 2024
Exparte contracts between representatives of the parties and the hearing officer shall be prohibited.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.19 - Notice Of Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The hearing officer shall give notice to the parties of the time, place, and nature of any hearing. Notice shall be in writing except where time is of the essence in expedited review proceedings and temporary relief proceedings. Oral notices shall be entered on the records, signed and dated.
(2) The appellant and any other interested person shall be given written notice of the time and place of the hearing at least fourteen (14) working days prior thereto, except in the case of an application for temporary relief and an application for expedited review of a cessation order, which notice shall be within one (1) day.
(3) The hearing officer shall commence the hearing on a review of a permit application or a coal exploration application within thirty (30) days of the receipt of the petition for review.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.20 - Summary Decisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) At any time after a proceeding has begun a party may move for summary decision of the whole or part of a case.
(2) The moving party under this section shall verify any allegations of fact with supporting affidavits, unless the moving party is relying upon depositions, answers to interrogatories, admissions, or documents produced upon request to verify such allegations.
(3) The hearing officer may grant a motion under this Rule if the record, including the pleadings, depositions, answers to interrogatories, admissions, and affidavits, shows that --
(a) There is no disputed issue as to any material fact; and
(b) The moving party is entitled to summary decision as a matter of law.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.21 - Proposed Findings Of Fact And Conclusions Of Law

Current through Register Vol. 42, No. 9, June 28, 2024
The hearing officer shall allow the parties to a proceeding an opportunity to submit proposed findings of fact and conclusions of law together with a supporting brief at a time designated by the hearing officer.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.22 - Orders And Decisions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) Within 30 days after the close of any hearing, the hearing officer shall either affirm, modify or set aside the determination appealed from in a written decision incorporating specific findings of fact and conclusions of law on which the decision is based.
(b) The DHA shall promptly provide copies of all orders of the hearing officer to all parties. Parties other than the regulatory authority shall be provided notice of all orders and decisions by first class mail.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.23 - Discovery

Current through Register Vol. 42, No. 9, June 28, 2024
Unless otherwise notified by a hearing officer, discovery under DHA will be generally governed by the discovery rules of the Alabama Rules of Civil Procedure. Exception may be taken to them, however, by a hearing officer considering the nature of the case, burden on the parties, the need for expeditious review of cases, as well as the just determination of all issues.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.24 - Who May File An Appeal To DHA

Current through Register Vol. 42, No. 9, June 28, 2024
Any person having an interest which may be adversely affected by the Regulatory Authority's determination may file for appeal with DHA.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.25 - Time For Appeals To DHA

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Notice of determination by the Regulatory Authority will be effective upon the mailing of that notice to the parties at their last known address. From this date a person who may be adversely affected must file a petition for review or appeal with DHA within thirty (30) days.
(2) Decisions by the hearing officer will become final ten (10) days after notice of such decision has been mailed to the parties at their last known addresses.
(3) Within thirty (30) days after the decision has become final any party to the proceeding may secure an administrative review by filing a petition with the Commission.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.26 - Contents Of Petition To Division Of Hearings And Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The petition shall include:
(a) A concise statement indicating why a penalty, fact of violation, or other ruling by the Regulatory Authority is being contested;
(b) If applicable, an identification by number of all violations being contested and a copy of any notice or order or violation sought to be reviewed;
(c) If applicable, a request for specific relief.
(d) A statement as to whether the person requests or waives the opportunity for an evidentiary hearing; and
(e) Any other necessary and relevant information.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.27 - Answer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Where an appeal is filed, the Regulatory Authority, or any adverse party shall file an answer:
(a) Within one (1) day in the case of an application for temporary relief and an application for expeditious review of a cessation order; or
(b) Within twenty-eight (28) days in all other actions.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.28 - Amendments Of Pleading

Current through Register Vol. 42, No. 9, June 28, 2024
(1) An appeal may be amended once as a matter or right prior to the filing of an answer and thereafter by leave of the hearing officer, upon proper motion.
(2) Upon receipt of an amended application for review or subsequent to granting leave to amend, the hearing officer shall issue an order setting a time for filing an amended answer if the hearing officer determines that such an answer is appropriate.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.29 - Failure To State A Claim

Current through Register Vol. 42, No. 9, June 28, 2024
Upon proper motion or after the issuance of an order to show cause by the hearing officer, the hearing officer may dismiss at any time an appeal which fails to state a claim upon which relief may be granted.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.30 - Evidentiary Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As noted in Rule 880-X-5A-.16
et
seq
., the hearing officer shall regulate the course of the hearing.
(2) Unless otherwise indicated by the hearing officer, the general rules of evidence in the courts of the State of Alabama will be applicable to all DHA proceedings. Exceptions may be taken, however, by the hearing officer considering the nature of the case, burden on the parties, the need for expeditious review of cases, as well as the just determination of all issues.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.31 - Jurisdiction Of The Commission Within The Appellate Process

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The jurisdiction of the Commission as set forth in Section 10 of the Act includes the authority to:
(a) Review all decisions of the DHA and this review shall be based on the administrative record;
(b) Hear appeals from the Regulatory Authority with regard to blasting under Section 22(f) and areas unsuitable for surface coal mining under Section 28. These appeals shall afford the parties a reasonable opportunity for a fair hearing.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.32 - Commission Procedure For Appeals And Petitions For Review

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All petitions for review of DHA decisions:
(a) Shall be made according to the same procedural requirements as set forth in Rules 880-X-5A-.05, 880-X-5A-.06, 880-X-5A-.07, 880-X-5A-.08, 880-X-5A-.09, 880-X-5A-.10, 880-X-5A-.12, 880-X-5A-.13, and 880-X-5A-.19 of these Rules and Regulations for appeals or petitions for review from the Regulatory Authority to DHA. These requirements shall not abrogate in any way the fact that the review by the Commission shall be based solely on a review of the administrative record.
(b) Shall include a brief and concise statement as to the reason for the petition and shall not contain any new or additional evidence as to the substance of the dispute.
(c) May include a supporting brief stating findings of fact and conclusions of law provided said brief accompanies the petition for review.
1. A reply brief stating findings of fact and conclusion of law may be filed by an adverse party in interest within seven (7) days.
(d) The Commission may grant or deny the petition for review, and if --
1. The Commission takes no action on the petition within 30 days of its receipt, automatic denial shall result;
2. It grants a petition for review but fails to act within 90 days of the granting, automatic affirmance shall result.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.33 - Issuance Of Orders And Decisions By The Commission

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Orders or decisions disposing of a case shall be in writing and incorporate:
(a) Findings of fact and conclusion of law and the basis and reasons thereof on all the material issues of fact and law; and
(b) If applicable an order granting or denying relief.
(c) The decision of the Commission shall become final 10 days after notice of it has been sent by mail, postage prepaid to the parties to the appeal of its decision.
(d) Within 30 days after the decision of the Commission becomes final or from the time a petition for review is deemed denied, any party to the proceedings may secure judicial review of it by filing a notice of appeal to the circuit court pursuant to Rule 880-X-5A-.34 of Chapter 880-X-5.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.34 - Judicial Review

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any party as defined in Rule 880-X-5A-.05 of Chapter 880-X-5 and who has participated in the administrative proceedings as an objector (appellent) shall have the right to appeal as approved in Paragraph (2) of this Rule, if --
(a) The applicant is aggrieved by the decision of the Commission in an administrative review proceeding conducted pursuant to Rule 880-X-5A-.31 of these rules and regulations.
(b) Either the State Regulatory Authority, DHA or the Commission fails to act within time limits specified in the Act or these regulations, whichever applies.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.35 - Assessment of Costs

Current through Register Vol. 42, No. 9, June 28, 2024
Whenever any order shall be issued under Section 10 or as a
				result of any administrative proceedings under the Act, at the request of any
				person, a sum equal to the aggregate amount of all costs and expenses
				(including attorney's fees) as determined by the Commission or, if no further
				appeal was taken, as determined by the DHA, to have been reasonably incurred by
				such person for or in connection with his participation in such proceedings,
				including any judicial review of the Commission's actions, may be assessed
				against any party as the final appellate body deems proper, provided costs and
				expenses may be assessed against any person in favor of the permittee or the
				regulatory authority only upon demonstration that the person initiated or
				participated in such proceeding in bad faith for the purpose of harassing or
				embarrassing the permittee or the State Regulatory Authority.
The operative date of this rule is subject to review and
				  approval from the U.S. Secretary of the
				  Interior.
Author:
Johnathan E. Hall
Statutory Authority:
Code of Ala.
				  1975
, §§
										9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93,
				  94, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS › Section 880-X-5A-.36 - Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
The Division of Hearings and Appeals shall be subject to the Alabama Rules of Civil Procedure except as said Rules shall be in conflict with these Rules and Regulations as contained in Section 880-X-5A,
et
seq
., (Section 10,
et
seq
.).
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-77, 78, 79.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-6A - GENERAL REQUIREMENTS FOR LICENSING GENERAL REQUIREMENTS FOR LICENSES AND LICENSE APPLICATION › Section 880-X-6A-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule establishes general criteria for licenses and license application requirements.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-6A - GENERAL REQUIREMENTS FOR LICENSING GENERAL REQUIREMENTS FOR LICENSES AND LICENSE APPLICATION › Section 880-X-6A-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The objectives of this Rule are to insure that all surface coal mining operations are conducted only by operators that have applied for and been issued a license in accordance with this Rule.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-6A - GENERAL REQUIREMENTS FOR LICENSING GENERAL REQUIREMENTS FOR LICENSES AND LICENSE APPLICATION › Section 880-X-6A-.03 - Responsibility

Current through Register Vol. 42, No. 9, June 28, 2024
It is the responsibility of any person who intends to conduct surface coal mining operations to apply for and be issued a license.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-6A - GENERAL REQUIREMENTS FOR LICENSING GENERAL REQUIREMENTS FOR LICENSES AND LICENSE APPLICATION › Section 880-X-6A-.04 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule applies to any person who intends to conduct surface coal mining operations, except as excluded in Section 31 of the Act, in the State of Alabama.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-6A - GENERAL REQUIREMENTS FOR LICENSING GENERAL REQUIREMENTS FOR LICENSES AND LICENSE APPLICATION › Section 880-X-6A-.05 - General Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any person intending to engage in surface coal mining operations after the effective date of the Act must:
(a) File with the Commission an application for a license in accordance with the provisions of this Rule, or
(b) Re-apply within 90 days of the effective date of the Act for a license if that person holds a license issued by the Alabama Surface Mining Reclamation Commission.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-6A - GENERAL REQUIREMENTS FOR LICENSING GENERAL REQUIREMENTS FOR LICENSES AND LICENSE APPLICATION › Section 880-X-6A-.06 - License Application Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
An applicant for a license shall file an application in a format prescribed by the Alabama Surface Mining Commission and where applicable the U. S. Department of Interior, Office of Surface Mining Reclamation and Enforcement which shall contain the following information, except that submission of a social security number is voluntary:
(a) A statement as to whether the applicant is a single proprietorship, partnership, corporation, association, or other business entity.
(b) The name, address, telephone number and, as applicable, social security number and employer identification number of the:
1. Applicant; and
2. Applicant's resident agent for service of legal process or notice;
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-6A - GENERAL REQUIREMENTS FOR LICENSING GENERAL REQUIREMENTS FOR LICENSES AND LICENSE APPLICATION › Section 880-X-6A-.07 - License Fee

Current through Register Vol. 42, No. 9, June 28, 2024
The initial fee for a license shall be:
(a) $2,500.00 and shall be submitted with the application and made payable to the Alabama Surface Mining Commission.
This rule shall become effective January 1, 2011 or 30 days after publication of approval by the U. S. Secretary of Interior in the Federal Register whichever occurs last as per certification filed October 25, 2010.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-6A - GENERAL REQUIREMENTS FOR LICENSING GENERAL REQUIREMENTS FOR LICENSES AND LICENSE APPLICATION › Section 880-X-6A-.08 - Annual License Updates

Current through Register Vol. 42, No. 9, June 28, 2024
On or before January 1, of each year, the State Regulatory Authority shall send by certified mail to each licensee at the address shown in the license file a license update form (or the address of an internet site where the form may be obtained) which must be completed and returned to the State Regulatory Authority no later than the succeeding March 1 accompanied by a $500.00 annual update fee. Such update shall address all the information originally submitted and revised if appropriate. Should the licensee fail to respond by returning the update form, fully and accurately completed, the State Regulatory Authority shall notify the licensee of the delinquency by regular mail. The licensee shall have 30 days from the mailing of the delinquency notification to submit the fully and accurately completed license update and to pay the update fee. If the forms are not submitted and fees are not paid by that time, the license is automatically withdrawn and a Cessation Order shall be issued on all active permits of the licensee. A withdrawn license may be reinstated upon vote of the Commission at any regular or special meeting upon written request establishing that all license delinquencies, including the submission of the update form and the payment of all required fees, have been satisified.
This rule shall become effective January 1, 2011 or 30 days after publication of approval by the U. S. Secretary of Interior in the Federal Register whichever occurs last as per certification filed October 25, 2010.
Author:
Randall C. Johnson
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 81
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7A - AREAS UNSUITABLE FOR MINING GENERAL › Section 880-X-7A-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter established procedures for implementing the requirements of the Act for designating lands unsuitable for all or certain types of surface coal mining operations, for terminating such designations, for identifying lands on which surface coal mining operations are limited or prohibited under Section 28 of the Act and for implementing those limits and prohibitions.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7A - AREAS UNSUITABLE FOR MINING GENERAL › Section 880-X-7A-.02 - Objectives

Current through Register Vol. 42, No. 9, June 28, 2024
The objectives of this Chapter are to establish --
(a) Procedures for consideration of petitions for the designation of lands as unsuitable for all or certain types of surface coal mining operations, for the termination of these designations, and for public participation in petition proceedings;
(b) The minimum standards for obtaining, maintaining and analyzing information on the effects of coal development in areas covered by a petition in light of other potential uses and activities;
(c) Procedures for identifying lands on which mining is prohibited or limited by Section 28 of the Act and for implementing those prohibitions or limitations; and
(d) Criteria for determining if an area should be designated as unsuitable for all or certain types of surface coal mining operations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7A - AREAS UNSUITABLE FOR MINING GENERAL › Section 880-X-7A-.03 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each State Regulatory Authority is authorized, under Section 28(a)(1) of the Act to establish a data base and inventory system and a petition process to designate any non-Federal and non-Indian land areas of the State as unsuitable for all or certain types of surface coal mining operations.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7B - AREAS UNSUITABLE FOR MINING AREAS DESIGNATED BY THE ACT › Section 880-X-7B-.01 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Rule establishes the procedures and standards to be followed in determining whether a proposed surface coal mining operation can be permitted in light of the prohibitions and limitations in Section 28(e) of the Act for those types of operations on certain Federal, public and private lands.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7B - AREAS UNSUITABLE FOR MINING AREAS DESIGNATED BY THE ACT › Section 880-X-7B-.02 - Objective

Current through Register Vol. 42, No. 9, June 28, 2024
The objective of this Rule is to implement the prohibitions and limitations for surface coal mining operations on or near certain private, Federal, and other public lands under Section 28(e) of the Act.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7B - AREAS UNSUITABLE FOR MINING AREAS DESIGNATED BY THE ACT › Section 880-X-7B-.03 - Authority

Current through Register Vol. 42, No. 9, June 28, 2024
The State Regulatory Authority is authorized by Section 28(a) and (e) of the Act to prohibit or limit surface coal mining operations on or near certain private, Federal, and other public lands, except for those operations which existed on August 3, 1977, or where subject to valid existing rights on that date.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7B - AREAS UNSUITABLE FOR MINING AREAS DESIGNATED BY THE ACT › Section 880-X-7B-.04 - Responsibility

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The State Regulatory Authority shall --
(a) Determine
1. Whether an application for a permit must be denied because surface coal mining operations on those lands are prohibited or limited by Section 28(e) of the Act and this Rule; and
2. Whether an applicant for a permit covering such lands either had any valid existing rights on August 3, 1977, or was conducting a surface coal mining operation on those lands on August 3, 1977.
Author:
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7B - AREAS UNSUITABLE FOR MINING AREAS DESIGNATED BY THE ACT › Section 880-X-7B-.05 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(See Rule 880-X-2A-.06, Definitions.)
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										9-16-71, 73, 74, 75, 80, 92, 96.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7B - AREAS UNSUITABLE FOR MINING AREAS DESIGNATED BY THE ACT › Section 880-X-7B-.06 - Areas Where Surface Coal Mining Operations Are Prohibited Or Limited

Current through Register Vol. 42, No. 9, June 28, 2024
No person may conduct surface coal mining operations on the following lands without possessing valid existing rights, as determined under Rule 880-X-7B-.11, or qualifying for the exception for existing operations under Rule 880-X-7B-.07:
(1) Any lands within the boundaries of:
The National Park System;
The National Wildlife Refuge System;
The National System of Trails;
The National Wilderness Preservation System;
(e) The Wild and Scenic Rivers System, including study rivers designated under Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)), or study rivers or study river corridors established in any guideline issued under that Act, of
(f) National Recreation Areas designated by Act of Congress.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7B - AREAS UNSUITABLE FOR MINING AREAS DESIGNATED BY THE ACT › Section 880-X-7B-.07 - Exception For Existing Operations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The prohibitions and limitations of Rule 880-X-7B-.06 do not apply to:
(a) Surface coal mining operations for which a valid permit, issued under Chapter 880-X-8 of these regulations exists when the land comes under the protection of Rule 880-X-7B-.06. This exception applies only to lands within the permit area as it exists when the land comes under the protection of Rule 880-X-7B-.06.
(b) With respect to operations subject to Chapter 880-X-3 of these regulations, lands upon which validly authorized surface coal mining operations exist when the land comes under the protection of Rule 880-X-7B-.06 or
Code of Ala. 1975
, §
									9-16-96(e).
Author:
Randall C. Johnson
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7B - AREAS UNSUITABLE FOR MINING AREAS DESIGNATED BY THE ACT › Section 880-X-7B-.08 - Procedures For Compatibility Findings For Surface Coal Mining Operations On Federal Lands In National Forests

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If you intend to rely upon the exception provided in Rule 880-X-7B-.06(b) to conduct surface coal mining operations on Federal lands within a national forest, you must request that we obtain the Secretarial findings required therein.
(1) You may submit a request to us before preparing and submitting an application for a permit or permit revision. If you do, you must explain how the proposed operation would not damage the values listed in the definition of "significant recreational, timber, economic, or other values incompatible with surface coal mining operations" in Rule 880-X-2A-.06. You must include a map and sufficient information about the nature of the proposed operation for the Secretary of the Interior to make adequately documented findings. You may be required to provide any additional information that may be determined necessary to make the required findings.
(3) When a proposed surface coal mining operation or proposed permit revision for an existing surface coal mining operation includes Federal lands within a national forest, the regulatory authority may not issue the permit or approve the permit revision before the Secretary of the Interior makes the findings referenced in Rule 880-X-7B-.06(b).
Author:
Randall C. Johnson
On February 5, 2002, the Office of Surface Mining approved this rulemaking adopted by the commission on August 16, 2001. The effective date of this rule will be March 7, 2002.
Statutory Authority:
Code of Ala. 1975
, §
										9-16-71 et. seq., as amended.
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7B - AREAS UNSUITABLE FOR MINING AREAS DESIGNATED BY THE ACT › Section 880-X-7B-.09 - Procedures For Relocating Or Closing A Public Road Or Waiving The Prohibition On Surface Coal Mining Operations Within The Buffer Zone Of A Public Road

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This section does not apply to:
(a) Lands for which a person has valid existing rights, as determined under Rule 880-X-7B-.11;
(b) Lands within the scope of the exception for existing operations in Rule 880-X-7B-.07;
(c) Access or haul roads that join a public road, as described in Rule 880-X-7B-.06(d)(1).
Alabama Administrative Code › Title 880 - ALABAMA SURFACE MINING COMMISSION › Chapter 880-X-7B - AREAS UNSUITABLE FOR MINING AREAS DESIGNATED BY THE ACT › Section 880-X-7B-.10 - Procedures For Waiving The Prohibition On Surface Coal Mining Operations Within The Buffer Zone Of An Occupied Dwelling

Current through Register Vol. 42, No. 9, June 28, 2024
(1) This section does not apply to:
(a) Lands for which a person has valid existing rights, as determined under Rule 880-X-7B-.11.
(b) Lands within the scope of the exception for existing operations in Rule 880-X-7B-.07.
(c) Access or haul roads that connect with an existing public road on the side of the public road opposite the dwelling, as provided in Rule 880-X-7B-.06(e)(2).