Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 17 - Applications for Temporary Relief › Section 460:2-17-7 - Determination on application concerning an order of cessation issued pursuant to Section 776 or Section 777 of the act

Current through Vol. 41, No. 20, July 1, 2024
(a) If the 5-day requirement of Section 786C
				of the act is waived, the hearing examiner in a proceeding for temporary relief
				shall expeditiously conduct a hearing and render a decision on the
				application.
(b) If there is no
				waiver of the 5-day requirement of Section 786C of the act, the following
				special rules shall apply:
(1) The 5-day time
				for decision shall not begin to run until the application is filed pursuant to
				460:2-17-3 or a
				copy of the application is received by the Department legal counsel, whichever
				occurs at a later date.
(2) The
				application shall include an affidavit stating that telephone notice has been
				given to the Department. The telephone notice shall identify the mine, mine
				operation, the date and number of the order from which relief is requested, the
				name of the inspector involved, and the name and phone number of the
				applicant.
(3) Prior to or at the
				hearing, the applicant shall file with the OHA an affidavit stating the date
				upon which the copy of the application was delivered to the office of the
				Department legal counsel or the applicant may make an oral statement at the
				hearing setting forth that information. For purposes of the affidavit or
				statement, the applicant may rely upon telephone confirmation by the office of
				the Department legal counsel that the application was received.
(4) In addition to the service requirements
				of (1) and (2) of this Subsection, the applicant shall serve any other parties
				by telephone at the time of mailing that an application is being filed, the
				contents of the application, and with whom the application was filed.
(5) The Department legal counsel and all
				other parties may indicate their objection to the application by communicating
				such objection to the hearing examiner and the applicant by telephone. However,
				no ex parte communication as to the merits of the proceeding may be conducted
				with the hearing examiner. The Department legal counsel and all other parties
				shall simultaneously reduce the objections to writing. The written objections
				must be immediately filed with the hearing examiner and immediately served upon
				the applicant.
(6) Upon receipt of
				communication that there is an objection to the request, the hearing examiner
				shall immediately order a location, time, and date for the hearing by
				communicating such information to the legal counsel, all other parties, and the
				applicant by telephone. The hearing examiner shall reduce such communications
				to writing in the form of a memorandum in the file.
(7) If a hearing is held:
(A) The hearing examiner may require the
				parties to submit proposed findings of fact and conclusions of law at the
				hearing which may be orally supplemented on the record at the hearing or where
				written proposed findings of fact and conclusions of law have not been admitted
				at the hearing, they may be orally presented for the record at the
				hearing.
(B) The hearing examiner
				shall either rule from the bench on the application, orally stating the reasons
				for his decision or he shall within 24 hours of completion of the hearing issue
				a written decision. If the hearing examiner makes an oral ruling, his approval
				of the record of the hearing shall constitute his written decision.
(8) The order or decision of the
				hearing examiner shall be issued within 5 working days of receipt of the
				application for temporary relief.
(9) If at any time after the initiation of
				this expedited procedure, the applicant request a delay or acts in a manner as
				to frustrate the expeditious nature of this proceeding or fails to supply the
				information required by
				460:2-17-4,
				such action shall constitute a waiver of the 5-day requirement of section 786C
				of the act.