reglab/statecodes huggingface dataset:
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 460:2-17-4 - Contents of application

Current through Vol. 41, No. 20, July 1, 2024
An application for temporary relief shall include:
(1) A detailed written statement setting
				forth the reasons why relief should be granted;
(2) A showing that there is a substantial
				likelihood that the findings and decision of the hearing examiner in the
				matters to which the application relates will be favorable to the
				applicant;
(3) A statement that the
				relief sought will not adversely affect the health or safety of the public or
				cause significant, imminent environmental harm to land, air, or water
				resources;
(4) If the application
				relates to an order of cessation issued pursuant to Section 776 or 777 of the
				act, a statement of whether the requirement of Section 786C of the act for
				decision on the application within 5 days is waived; and
(5) A statement of the specific relief
				requested.
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 460:2-17-5 - Response to application

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Except as provided in
				460:2-17-7(b),
				all parties to the proceeding to which an application for temporary relief
				relates shall have 5 days from the date of receipt of the application to file a
				written response.
(b) Except as
				provided in
				460:2-17-7(b),
				the hearing examiner may hold a hearing on any issue raised by the application
				if he deems it appropriate.
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 460:2-17-6 - Determination on application concerning a notice of violation issued pursuant to Section 777 of the act

Current through Vol. 41, No. 20, July 1, 2024
Where an application has been filed requesting temporary
				  relief from a notice of violation issued under Section 777 of the act, the
				  hearing examiner shall expeditiously issue an order or decision granting or
				  denying such relief.
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 460:2-17-8 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party
				desiring to appeal a decision of a hearing examiner granting temporary relief
				may appeal to the Director.
(b) Any
				party desiring to appeal a decision of a hearing examiner denying temporary
				relief may appeal tot eh Director, or, in the alternative, if the hearing
				examiner has rendered a decision pursuant to
				460:2-17-7,
				may seek review pursuant to Section 787 of the act.
(c) The Director shall issue an expeditious
				briefing schedule and shall issued a decision on the appeal
				expeditiously.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 19 - Appeals to the Director From Decisions or Orders of Hearing Examiners › Section 460:2-19-1 - Petition for discretionary review of a proposed civil penalty

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party may
				petition the Director to review an order or decision by a hearing examiner
				disposing of a civil penalty proceeding under
				460:2-7-1.
(b) A petition filed under this section shall
				be filed on or before 30 days from the date of receipt of the order or decision
				sought to be reviewed and the time for filing may not be extended.
(c) A petitioner under this section shall
				list the alleged errors of the hearing examiner and shall attach a copy of the
				order or decision sought to be reviewed.
(d) Any party may file with the Director a
				response to the petition for review within 10 days of receipt of a copy of such
				petition.
(e) Not later than 30
				days from the filing of a petition under this section, the Director shall grant
				or deny the petition in whole or in part.
(f) If the petition is granted, the rules in
				460:2-19-4 through
				460:2-19-7 are
				applicable and the Director shall use the point system and conversion table
				contained in I DOM/RR Part 845 in recalculating assessments; however, the
				Director shall have the same authority to waive the civil penalty formula as
				that granted the hearing examiner in
				460:2-7-8(b).
				If the petition is denied, the decision of the hearing examiner shall be final
				for the Department.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 19 - Appeals to the Director From Decisions or Orders of Hearing Examiners › Section 460:2-19-2 - Notice of appeal

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				aggrieved party may file a notice of appeal from an order or decision of a
				hearing examiner disposing of a proceeding under the regulations of this
				Subchapter, except a civil penalty proceeding under
				460:2-7-1.
(b) Except in an expedited review proceeding
				under
				460:2-11-1, or in a
				suspension or revocation proceeding under
				460:2-13-1,
				a notice of appeal shall be filed with the Director on or before 30 days from
				the date of receipt of the order or decision sought to be reviewed and the time
				for filing may not be extended.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 19 - Appeals to the Director From Decisions or Orders of Hearing Examiners › Section 460:2-19-3 - Interlocutory appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) If a
				party has sought certification under
				460:2-3-5,
				that party may petition the Director for permission to appeal from an
				interlocutory ruling by a hearing examiner.
(b) A petition under this section shall be in
				writing and not exceed 10 pages in length.
(c) If the correctness of the ruling sought
				to be reviewed involves a controlling issue of law the resolution of which will
				materially advance final disposition of the case the Director may grant the
				petition.
(d) Upon granting the
				petition under this section, the Director may dispense with briefing or issue a
				briefing schedule.
(e) Unless the
				Director or the hearing examiner orders otherwise, an interlocutory appeal
				shall not operate as a stay of further proceedings before the
				examiner.
(f) In deciding an
				interlocutory appeal, the Director shall confine himself to the issue presented
				on appeal.
(g) The Director shall
				promptly decide appeals under this section.
(h) Upon affirmance, reversal, or
				modification of the hearing examiner's interlocutory ruling or order, the
				jurisdiction of the Director shall terminate, and the case shall be remanded
				promptly to the hearing examiner for further proceedings.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 19 - Appeals to the Director From Decisions or Orders of Hearing Examiners › Section 460:2-19-4 - Briefs

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless the
				Director orders otherwise, an appellant's brief is due on or before 30 days
				from the date of receipt of notice by the appellant that the Director has
				agreed to exercise discretionary review authority pursuant to
				460:2-19-1
				or a notice of appeal is filed.
(b)
				If any appellant fails to file a timely brief, an appeal under the regulations
				of this Subchapter may be subject to summary dismissal.
(c) An appellant shall state specifically the
				rulings to which there is an objection, the reasons for such objections, and
				their relief requested. The failure to specify a ruling as objectionable may be
				deemed by the Director as a waiver of the objection.
(d) Unless the Board orders otherwise, within
				20 days after service of appellant's brief, any other party to the proceeding
				may file a brief.
(e) If any
				argument is based upon the evidence of record and there is a failure to include
				specific record citations, when available, the Director need not consider the
				arguments.
(f) Further briefing may
				take place by permission of the Director.
(g) Unless the Director provides otherwise,
				appellant's brief shall not exceed 50 typed pages and an appellees's brief
				shall not exceed 25 typed pages.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 19 - Appeals to the Director From Decisions or Orders of Hearing Examiners › Section 460:2-19-5 - Remand

Current through Vol. 41, No. 20, July 1, 2024
The Director may remand appeal cases if further proceedings
				  are required.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 19 - Appeals to the Director From Decisions or Orders of Hearing Examiners › Section 460:2-19-6 - Final decisions

Current through Vol. 41, No. 20, July 1, 2024
The Director may adopt, affirm, modify, set aside, or reverse
				  any finding of fact, conclusion of law, or order of the hearing
				  examiner.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 19 - Appeals to the Director From Decisions or Orders of Hearing Examiners › Section 460:2-19-7 - Reconsideration

Current through Vol. 41, No. 20, July 1, 2024
(a) A party may
				move for reconsideration of the decision or order of a hearing examiner;
				however, the motion shall be filed with the Director within 30 days of the date
				of the decision.
(b) The filing of
				a petition for reconsideration shall not stay the effect of any decision or
				order and shall not affect the finality of any decision or order for purposes
				of judicial review.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 21 - Appeals to the Director From Decisions of the Department › Section 460:2-21-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter is applicable to appeals from decisions of
				  the Department concerning appeals which are not required by the act to be
				  determined by formal adjudication.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 21 - Appeals to the Director From Decisions of the Department › Section 460:2-21-2 - Who may appeal

Current through Vol. 41, No. 20, July 1, 2024
Any person who is or may be adversely affected by a written
				  decision of the Department may appeal to the Director where the decision
				  specifically grants such right of appeal.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 21 - Appeals to the Director From Decisions of the Department › Section 460:2-21-3 - Appeals; how taken

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				person appealing under this Subchapter or a person appealing or written
				decision of the Department shall file a written notice of appeal with the
				Department and a copy of such notice shall be simultaneously be sent to the
				Director.
(b) The notice of appeal
				shall be filed within 20 days from the date of receipt of the decision. If the
				person appealing has not been served with a copy of the decision, such appeal
				must be filed within 30 days of the date of the decision.
(c) The notice of appeal shall indicate that
				an appeal is intended and must identify the decision being appealed. The notice
				shall include the serial number or other identification of the case and the
				date of the decision. The notice of appeal may include a statement of reasons
				for the appeal and any arguments the appellant desires to make.
(d) If the notice of appeal did not include a
				statement of reasons for the appeal, such a statement shall be filed with the
				Director within 20 days after the notice of appeal was filed. In any case, the
				appellant shall be permitted to file with the Director additional statements of
				reasons and written arguments or briefs within 20-day period after filing the
				notice of appeal.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 21 - Appeals to the Director From Decisions of the Department › Section 460:2-21-4 - Service

Current through Vol. 41, No. 20, July 1, 2024
(a) The appellant
				shall serve personally or by certified mail, return receipt requested, a copy
				of the notice of appeal of a written decision of the Department and a copy of
				any statement of reasons, written arguments, or to the documents on each party
				within 15 days after filing the document. Proof of service shall be filed with
				the Director within IS days after service.
(b) Failure to serve may subject the appeal
				to summary dismissal pursuant to
				460:2-21-6.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 21 - Appeals to the Director From Decisions of the Department › Section 460:2-21-5 - Answer

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party
				served with a notice of appeal of a written decision of the Department who
				wishes to participate in the proceedings on appeal shall file an answer with
				the Director within 20 days after service of the notice of appeal or statement
				of reasons where such statement was not included in the notice of
				appeal.
(b) If additional reasons,
				written arguments, or other documents are filed by the appellant, a party shall
				have 20 days after service thereof within which to answer. The answer shall
				state the reasons the party opposes or supports the appeal.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 21 - Appeals to the Director From Decisions of the Department › Section 460:2-21-6 - Summary dismissal

Current through Vol. 41, No. 20, July 1, 2024
An appeal of a written decision of the Department shall be
				  subject to summary dismissal, in the discretion of the Director, for failure to
				  file or serve, upon all persons required to be served, a notice of appeal or
				  statement of reasons for appeal.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 21 - Appeals to the Director From Decisions of the Department › Section 460:2-21-7 - Request for hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				party in an appeal of a written decision of the Department may request the
				Director to order a hearing before a hearing examiner in order to present
				evidence on an issue of fact. Such request shall be made in writing and filed
				with the Director within 20 days after the answer is due. Copies of the request
				shall be served in accordance with
				460:2-21-4.
(b) The allowance of a request for a hearing
				is within the discretion of the Director, and the Director may, on his own
				motion, refer any case to a hearing examiner for a hearing on an issue of fact.
				If a hearing is ordered, the Director shall specify the issues upon which the
				hearing is to be held.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 23 - Petitions for Award of Costs and Expenses Under Section 786E of the Act › Section 460:2-23-1 - Who may file

Current through Vol. 41, No. 20, July 1, 2024
Any person may file a petition for award of costs and
				  expenses including attorneys' fees reasonably incurred as a result of that
				  person's participation in any administrative proceeding under the acto which
				  result in:
(1) A final order being
				issued by a hearing examiner; or
(2) A final order being issued by the
				Director.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 23 - Petitions for Award of Costs and Expenses Under Section 786E of the Act › Section 460:2-23-2 - Where to file; time for filing

Current through Vol. 41, No. 20, July 1, 2024
The petition for an award of costs and expenses including
				  attorneys' fees must be filed with the hearing examiner who issued the final
				  order, or if the final order was issued by the Director, with the Director,
				  within 45 days of receipt of such order. Failure to make a timely filing of the
				  petition may constitute a waiver of the right to such an
				  award.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 23 - Petitions for Award of Costs and Expenses Under Section 786E of the Act › Section 460:2-23-3 - Contents of petition

Current through Vol. 41, No. 20, July 1, 2024
A petition filed under this Subchapter or an award of costs
				  and expenses including attorney's fees shall include the name of the person
				  from whom costs and expenses are sought and the following shall be submitted in
				  support of the petition:
(1) An
				affidavit setting forth in detail all costs and expenses including attorneys'
				fees reasonably incurred for, or in connection with, the person's participation
				in the proceeding;
(2) Receipts or
				other evidence of such costs and expenses; and
(3) Where attorneys' fees are claimed,
				evidence concerning the hours expended on the case, the customary commercial
				rate of payment for such services in the area, and the experience, reputation,
				and ability of the individual or individuals performing the services.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 23 - Petitions for Award of Costs and Expenses Under Section 786E of the Act › Section 460:2-23-4 - Answer

Current through Vol. 41, No. 20, July 1, 2024
Any person served with a copy of a petition for an award of
				  costs and expenses including attorney's fees shall have 30 days from service of
				  the petition within which to file an answer to such petition.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 23 - Petitions for Award of Costs and Expenses Under Section 786E of the Act › Section 460:2-23-5 - Who may receive an award

Current through Vol. 41, No. 20, July 1, 2024
Appropriate costs and expenses including attorneys' fees may
				  be awarded:
(1) To any person from the
				permittee, if the person initiates any administrative proceedings reviewing
				enforcement actions, upon a finding that a violation of the act, regulations,
				or permit has occurred, or that an imminent hazard existed, or to any person
				who participates in an enforcement proceeding where such a finding is made if
				the hearing examiner or the Director determines that the person made a
				substantial contribution to the full and fair determination of the
				issues.
(2) To any person other
				than a permittee or his representative from DOM, if the person initiates or
				participates in any proceeding under the act upon a finding that the person
				made a substantial contribution to a full and fair determination of the
				issues.
(3) To a permittee from DOM
				when the permittee demonstrates that DOM issued an order of cessation, a notice
				of violation or an order to show cause why a permit should not be suspended or
				revoked, in bad faith and for the purpose of harassing or embarrassing the
				permittee.
(4) To a permittee from
				any person where the permittee demonstrates that a person initiated a
				proceeding under Section 786 of the act or participated in such a proceeding in
				bad faith for the purpose of harassing or embarrassing the permittee.
(5) To DOM where it demonstrates that any
				person applied for review pursuant to Section 786 of the act or that any party
				participated in such a proceeding in bad faith and for the purpose of harassing
				and embarrassing the government.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 23 - Petitions for Award of Costs and Expenses Under Section 786E of the Act › Section 460:2-23-6 - Awards

Current through Vol. 41, No. 20, July 1, 2024
An award under the Subchapter may include:
(1) All costs and expenses, including
				attorneys' fees and expert witness fees, reasonably incurred as a result of
				initiation and/or participation in a proceeding under the act; and
(2) All costs and expenses, including
				attorneys' fees and expert witness fees, reasonably incurred in seeking the
				award in the OHA.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 23 - Petitions for Award of Costs and Expenses Under Section 786E of the Act › Section 460:2-23-7 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Any person aggrieved by a decision concerning the award of
				  costs and expenses in an administrative proceeding under the act may appeal
				  such award to the Director under procedures set forth in
				  460:2-19-2 et
				  seq., unless the Director has made the initial decision concerning such
				  award.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 25 - Request for Review of Approval or Disapproval of Applications for Permits › Section 460:2-25-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets for the procedures for obtaining formal
				  review of a decision by the Department to approve or disapprove a permit
				  application, in whole or in part. Permit applications subject to this
				  Subchapter shall include all applications for new permits, including those new
				  permits required under I DOM/RR Sections 788.12(d), 788.13(b), and 788.14(b)
				  (2).
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 25 - Request for Review of Approval or Disapproval of Applications for Permits › Section 460:2-25-2 - Who may file

Current through Vol. 41, No. 20, July 1, 2024
An applicant or any person having an interest which is or may
				  be adversely affected by the decision of the Department to approve or
				  disapprove a permit application, in whole or in part, may file a request for
				  review of that decision.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 25 - Request for Review of Approval or Disapproval of Applications for Permits › Section 460:2-25-3 - Where to file; when to file

Current through Vol. 41, No. 20, July 1, 2024
(a) A request for review of approval or
				disapproval of a permit shall be filed with the OHA of the Department of Mines
				within 30 days of receipt of a copy of the Department's written decision
				approving or disapproving the permit application, in whole or in
				part.
(b) Any person not served
				with a copy of the Department's written decision shall file the request for
				review within 40 days of the date of issuance of the written
				decision.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 25 - Request for Review of Approval or Disapproval of Applications for Permits › Section 460:2-25-4 - Contents of request

Current through Vol. 41, No. 20, July 1, 2024
A request for review of approval or disapproval of a permit
				  shall include:
(1) A clear statement
				of the facts entitling that person to administrative relief;
(2) An explanation of the alleged errors in
				the Department's decision;
(3) A
				request for specific relief;
(4) A
				statement whether the person requests or waives the opportunity for an
				evidentiary hearing; and
(5) Any
				other relevant information.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 25 - Request for Review of Approval or Disapproval of Applications for Permits › Section 460:2-25-5 - Time for hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				hearing examiner shall hold a hearing within 30 days of the date of the filing
				of a request for review of approval or disapproval of a permit and shall notify
				all interested parties of the time and place of the hearing.
(b) The hearing examiner may grant an
				extension of time for the hearing only if all parties to the hearing agree to
				such extension.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 25 - Request for Review of Approval or Disapproval of Applications for Permits › Section 460:2-25-6 - Status of permit approvals pending review

Current through Vol. 41, No. 20, July 1, 2024
The issuance of a permit following Department approval of a
				  permit application shall be stayed during the pendency of any administrative
				  review proceeding resulting from such approval, but only where temporary relief
				  has been requested by a party filing a proper request under
				  460:2-25-4
				  and only for the period from the time temporary relief is requested and the
				  decision to grant or deny temporary relief is made under
				  460:2-25-8.
				  Nothing in the regulations of this Subchapter shall prevent a permittee from
				  filing a request for temporary relief at the time of the issuance of a permit
				  where the permittee has reason to believe that an appeal may be filed with the
				  Department on the issuance of a permit. However, the hearing examiner, pursuant
				  to a request for temporary relief under
				  460:2-25-8,
				  may, if the requirements of
				  460:2-25-8(e)
				  are met, dissolve the stay and provide that the Department's approval or any
				  part of it shall be in full force and effect immediately.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 25 - Request for Review of Approval or Disapproval of Applications for Permits › Section 460:2-25-7 - Burden of proof

Current through Vol. 41, No. 20, July 1, 2024
(a) If a permit
				applicant is seeking review of the approval or disapproval of a permit, the
				Department shall have the burden of going forward to establish a prima facie
				case as to the failure to comply with the applicable requirements of the act or
				the regulations, and the permit applicant shall have the ultimate burden of
				persuasion as to entitlement to the permit.
(b) If any other person is seeking review,
				that person shall have the burden of going forward to establish a prima facie
				case and the ultimate burden of persuasion that the permit application fails in
				some manner to comply with the applicable requirements of the act or the
				regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 25 - Request for Review of Approval or Disapproval of Applications for Permits › Section 460:2-25-8 - Request for temporary relief from a decision to approve or disapprove a permit application in whole or in part

Current through Vol. 41, No. 20, July 1, 2024
(a) Where review is requested pursuant to
				460:2-25-3,
				any party may file a request for temporary relief at any time prior to the
				decision by the hearing examiner, so long as the relief sought is not the
				issuance of a permit where a permit application has been disapproved, in whole
				or in part.
(b) The request shall
				be filed with the hearing officer to whom the case has been assigned. If no
				assignment has been made, the application shall be filed with the OHA of the
				Department of Mines.
(c) The
				application shall include:
(1) A detailed
				written statement setting forth the reasons why relief should be
				granted;
(2) A statement of the
				specific relief requested;
(3) A
				showing that there is a substantial likelihood that the person seeding relief
				will prevail on the merits of the final determination of the proceeding;
				and
(4) A showing that the relief
				sought will not adversely affect the public health or safety or cause
				significant imminent environmental harm to land, air, or water
				resources.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 25 - Request for Review of Approval or Disapproval of Applications for Permits › Section 460:2-25-9 - Determination by the hearing examiner

Current through Vol. 41, No. 20, July 1, 2024
The hearing examiner in a proceeding for review of approval
				  or disapproval of a permit shall issue a written decision within 10 days of the
				  date the hearing record is closed by the hearing examiner.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 25 - Request for Review of Approval or Disapproval of Applications for Permits › Section 460:2-25-10 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party
				aggrieved by the decision of the hearing examiner in
				460:2-25-9
				shall have 2 working days from receipt of the decision within which to file a
				notice of appeal with the Director. A copy of the notice of appeal must
				simultaneously be filed with the hearing examiner.
(b) The Director shall act immediately to
				issue an expedited briefing schedule.
(c) The decision of the Director shall be
				issued within 30 days of the date the hearing record is closed by the hearing
				examiner.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 27 - Request for Review of Approval or Disapproval of a Performance Bond Release Application › Section 460:2-27-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the procedures for obtaining
				  formal review pursuant to I DOM/RR Section 807.11, of a decision by the
				  Department to approve or disapprove, in whole or in part, an application for
				  release of a performance bond for surface coal mining and reclamation
				  operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 27 - Request for Review of Approval or Disapproval of a Performance Bond Release Application › Section 460:2-27-2 - Who may file

Current through Vol. 41, No. 20, July 1, 2024
The permittee or any affected person, as that term is defined
				  in I DOM/RR Section 807.11(c), may file a request for review of a decision by
				  the Department to approve or disapprove, in whole or in part, an application
				  for release of a performance bond.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 27 - Request for Review of Approval or Disapproval of a Performance Bond Release Application › Section 460:2-27-3 - Where to file; when to file

Current through Vol. 41, No. 20, July 1, 2024
(a) A request for review shall be filed with
				the OHA, Department of Mines, within 30 days of receipt of the Department's
				written decision approving or disapproving, in whole or in part, an application
				for release of a performance bond.
(b) Any affected person not served with a
				copy of the Department's written decision shall file the request for review
				within 40 days of the date of issuance of the written decision.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 27 - Request for Review of Approval or Disapproval of a Performance Bond Release Application › Section 460:2-27-4 - Contents of request

Current through Vol. 41, No. 20, July 1, 2024
A request for review of approval or disapproval of a
				  performance bond release application shall include:
(1) A clear statement of the facts entitling
				that person to administrative relief;
(2) An explanation of the alleged errors in
				the Department's decision;
(3) A
				request for specific relief;
(4) A
				statement whether the person requests or waives the opportunity for an
				evidentiary hearing; and
(5) Any
				other relevant information.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 27 - Request for Review of Approval or Disapproval of a Performance Bond Release Application › Section 460:2-27-5 - Status of performance bond release pending review

Current through Vol. 41, No. 20, July 1, 2024
The Department shall not release a performance bond, in whole
				  or in part, during the pendency of any review proceeding resulting from the
				  approval of such release.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 27 - Request for Review of Approval or Disapproval of a Performance Bond Release Application › Section 460:2-27-6 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Any party aggrieved by the decision of the hearing examiner
				  in this Chapter may appeal to the Director under
				  460:2-19-2.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 29 - Request for Review of Performance Bond Forfeiture › Section 460:2-29-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the procedures for obtaining
				  formal review under I DOM/RR, Part 808 of a determination by the Department to
				  forfeit all or part of a performance bond, as a result of the permittee's
				  failure to meet the conditions upon the bond.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 29 - Request for Review of Performance Bond Forfeiture › Section 460:2-29-2 - Who may file; where to file; when to file

Current through Vol. 41, No. 20, July 1, 2024
(a) The permittee or surety, if applicable,
				may file a request for review of a determination of the Department to forfeit
				all or part of a performance bond.
(b) The request for review shall be filed
				with the OHA, Department of Mines, within 30 days of receipt of the
				Department's written determination.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 29 - Request for Review of Performance Bond Forfeiture › Section 460:2-29-3 - Contents of request

Current through Vol. 41, No. 20, July 1, 2024
The request for review of performance bond forfeiture shall
				  include:
(1) A clear statement of the
				facts entitling that person to administrative relief;
(2) An explanation of the alleged errors in
				the Department's decision;
(3) A
				request for specific relief;
(4) A
				statement whether the person requests or waives the opportunity for an
				evidentiary hearing; and
(5) Any
				other relevant information.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 29 - Request for Review of Performance Bond Forfeiture › Section 460:2-29-4 - Status of forfeiture proceedings pending review

Current through Vol. 41, No. 20, July 1, 2024
The filing of a request for review of a performance bond
				  forfeiture shall automatically stay the Department from taking collection
				  action after a forfeiture determination.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 29 - Request for Review of Performance Bond Forfeiture › Section 460:2-29-5 - Burden of proof

Current through Vol. 41, No. 20, July 1, 2024
The Department shall have the burden of going forward to
				  establish a prima facie case for forfeiture of a performance bond. The ultimate
				  burden of persuasion that the performance bond should not be forfeited shall
				  rest with the permittee or surety, if applicable.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 29 - Request for Review of Performance Bond Forfeiture › Section 460:2-29-6 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Any party aggrieved by the final decision of the hearing
				  examiner in this Chapter may appeal to the Director under procedures set forth
				  in
				  460:2-19-2.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 31 - State Inspection Procedures › Section 460:2-31-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the procedures for obtaining
				  informal review pursuant to I DOM/RR Section 842.14 of the adequacy and
				  completeness of the Department's inspections of surface coal mining and
				  reclamation operations or coal exploration operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 31 - State Inspection Procedures › Section 460:2-31-2 - Who may file

Current through Vol. 41, No. 20, July 1, 2024
Any person who is or may be adversely affected by a decision
				  of the authorized representative not to inspect or take appropriate enforcement
				  action with respect to any violation alleged by a person in a request to the
				  Chief Mine Inspection for a state inspection pursuant to I DOM/RR section
				  842.12 may request of the decision not to inspect or enforce.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 31 - State Inspection Procedures › Section 460:2-31-3 - Where to file; when to file

Current through Vol. 41, No. 20, July 1, 2024
A request for review shall be filed with the OHA, Department
				  of Mines, within 30 days of receipt of the Department's written decision
				  disapproving a request for inspection or the appropriate enforcement action to
				  a violation alleged by a person who files request for a state inspection under
				  I DOM/RR Section 842.12.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 31 - State Inspection Procedures › Section 460:2-31-4 - Contents of request

Current through Vol. 41, No. 20, July 1, 2024
The request for review of the Department's inspection of
				  surface coal mining and reclamation operations or coal exploration operations
				  or a request for review pursuant to
				  460:2-31-2 shall
				  include:
(1) A clear statement of the
				facts entitling that person to administrative relief;
(2) An explanation of the alleged errors in
				the Department's decision and/or why the decision merits review;
(3) A request for specific relief;
				and
(4) Any other relevant
				information.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 31 - State Inspection Procedures › Section 460:2-31-5 - Determination decision

Current through Vol. 41, No. 20, July 1, 2024
The Department shall assign the review requested in this
				  Chapter to a hearing examiner who shall review the facts and allegations at
				  issue and base his decision on any and all information available to him,
				  reporting his decision with a statement in writing of the reasons therefor to
				  the Chief Mine Inspector and to the person requesting review within 30 days of
				  the receipt of that party's request for review. The alleged violator shall be
				  given a copy of the review but the name of the person requesting review shall
				  not be disclosed unless waived by the party requesting review or required under
				  the act.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 31 - State Inspection Procedures › Section 460:2-31-6 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Informal review under this Subchapter shall affect any right
				  to formal review by the Director to whom the party may address an appeal within
				  30 days of the hearing examiner's decision under
				  460:2-19-2.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 33 - Request for Review of Department Determination of Issues Under 460:20 Section 761.12(H) › Section 460:2-33-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth procedures for obtaining formal
				  review pursuant to I DOM/RR, Section 761.12(h) of a determination by the
				  Department that a person holds or does not hold a valid existing right, or that
				  surface coal mining operations did of did not exist on the date of enactment of
				  the Surface Mining Control and Reclamation Act ( PL 95-87 ), on lands where
				  operations are prohibited or limited by Section 783 of the
				  act.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 33 - Request for Review of Department Determination of Issues Under 460:20 Section 761.12(H) › Section 460:2-33-2 - Who may file; where to file; when to file

Current through Vol. 41, No. 20, July 1, 2024
(a) A permit applicant or any person with an
				interest which is or may be adversely affected by a determination of the
				Department that a person holds or does not hold a valid existing right, or that
				surface coal mining operations did or did not exist on the date of enactment of
				PL 95-87, may file a request for review of that determination with the OHA,
				Department of Mines.
(b) The
				request for review shall be filed within 30 days of receipt by the applicant of
				a copy of the Department's written determination, or within 30 days of
				publication of the determination in the Oklahoma Gazette Register.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 33 - Request for Review of Department Determination of Issues Under 460:20 Section 761.12(H) › Section 460:2-33-3 - Contents of request

Current through Vol. 41, No. 20, July 1, 2024
A request for review of Department determination of issues
				  under 1 DOM/RR Section 761.12(h) shall include:
(1) A clear statement of the facts entitling
				that person to administrative relief;
(2) An explanation of the alleged errors in
				the Department's decision;
(3) A
				request for specific relief;
(4) A
				statement whether the person requests or waives the opportunity for an
				evidentiary hearing; and
(5) Any
				other relevant information.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 33 - Request for Review of Department Determination of Issues Under 460:20 Section 761.12(H) › Section 460:2-33-4 - Burden of proof

Current through Vol. 41, No. 20, July 1, 2024
(a) If a permit
				applicant is seeking review pursuant to this Subchapter, the Department shall
				have the burden of going forward to establish a prima facie case. The ultimate
				burden of persuasion shall rest with the person seeking review of the
				determination.
(b) If any other
				person is seeking, review, that person shall have the burden of going forward
				to establish a prima facie case and the ultimate burden of persuasion that a
				person holds or does not hold a valid existing right, or the surface coal
				mining operations did not exist on the date of enactment of PL 95-87.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 33 - Request for Review of Department Determination of Issues Under 460:20 Section 761.12(H) › Section 460:2-33-5 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Any party aggrieved by the decision of the hearing examiner
				  in this Chapter may appeal to the Director under Section
				  4.1271.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 35 - Request for Review Concerning Permit Modification Orders, and Applications for Permit Revisions, Renewals, and the Transfer, Assignment, or Sale of Rights Granted Under Permits › Section 460:2-35-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the procedures for obtaining
				  formal review of a final decision by the Department concerning permit
				  modification orders, and applications for permit revisions permit renewals, or
				  the transfer, assignment, or sale of rights granted under
				  permits.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 35 - Request for Review Concerning Permit Modification Orders, and Applications for Permit Revisions, Renewals, and the Transfer, Assignment, or Sale of Rights Granted Under Permits › Section 460:2-35-2 - Who may file; where to file

Current through Vol. 41, No. 20, July 1, 2024
An applicant, permittee, or any person having an interest
				  which is or may be adversely affected by a final decision of the Department
				  ordering modification of a permit, or approving or disapproving applications
				  for permit revisions, permit renewals, or the transfer, assignment or sale of
				  rights granted under permits, may file a request for review of that decision
				  with the OHA, Department of Mines.