Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 40 - Missouri Mining Commission › Chapter 6 - Permitting Requirements for Surface and Underground Coal Mining and Reclamation Operations and Coal Exploration › Section 10 CSR 40-6.080 - Administrative and Judicial Review of Decisions on Permit Applications

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for the
				  administrative and judicial review of decisions on permit applications pursuant
				  to sections
				  444.810,
				  444.850
				  and
				  444.900,
				  RSMo.
(1) Administrative
				Review.
(A) Within thirty (30) days after the
				applicant or permittee is notified of the final decision of the director
				concerning the application for a permit, revision modification or renewal of a
				permit, application for transfer, sale or assignment of rights, the applicant,
				permittee or any person with an interest which is or may be adversely affected
				may request a hearing before the commission on the reasons for the final
				decision in accordance with this section.
(B) Hearing Time Period and Relief.
1. The commission shall commence the hearing
				within thirty (30) days of request. This hearing shall be of record and
				adjudica-tory in nature.
2. The
				commission, under the conditions as it prescribes, may grant the temporary
				relief as it deems appropriate, pending final determination of the proceeding,
				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 s/he will prevail
				on the merits of the final determination of the proceeding;
C. The relief will not adversely affect the
				public health or safety or cause significant, imminent environmental harm to
				land, air or water resources; and
D. The relief sought is not the issuance of a
				permit where a permit has been denied, in whole or part, by the
				director.
3. Hearing
				procedures.
A. For the purpose of the
				hearing, the commission or hearing officer may administer oaths and
				affirmations, subpoena witnesses and written or printed materials, compel
				attendance of witnesses or production of those materials, compel discovery and
				take evidence, including but not limited to, site inspections of the land to be
				affected and other surface coal mining and reclamation operations carried on by
				the applicant in the general vicinity of the proposed operations.
B. A verbatim record of each public hearing
				required by this section shall be made and a transcript made available on the
				motion of any part or by order of the commission.
C.
Ex parte
contacts between
				representatives of the parties before the commission or hearing officer and the
				commission or hearing officer shall be prohibited.
4. Within thirty (30) days after the close of
				the record, the commission shall issue and furnish the applicant and each
				person who participated in the hearing, with the written Findings of Fact,
				Conclusions of Law and Order with respect to the appeal.
5. The burden of proof at these hearings
				shall be on the party seeking to reverse the decision of the
				director.