reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 1 - General Provisions › Section 460:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules, regulations and modes of procedure contained in
				  this chapter are adopted to implement 45 O.S. (1981) Sections 1 et seq., as
				  amended, establishing the Oklahoma Mining Commission (Commission) as "the
				  policy-determining agency for the Department of Mines" and setting out powers
				  and duties of the Commission. Chapter 1 is adopted pursuant to the provisions
				  of the APA, 75 O.S. Sections 250 et seq. and Sections 301 et seq.; in
				  compliance with the Oklahoma Open Meeting Act, 25 O.S. Sections 301 et seq. and
				  the Oklahoma Open Records Act, 51 O.S. Sections 24A.1 et seq.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 3 - Operational Procedures › Section 460:1-3-1 - Appointment, tenure and status

Current through Vol. 41, No. 20, July 1, 2024
The organization of the Commission is declared to be that as
				  enumerated in 45 O.S. Section 1, as amended, or as may otherwise be established
				  by law.
(1) The Commission, is
				comprised of nine (9) members, appointed by the Governor and subject to
				approval by the Senate, for seven (7) year staggered terms.
(2) The Commission shall constitute a body
				corporate of the State of Oklahoma with the authority to exercise all powers
				conferred upon it by, but not limited to 45 O.S. Section 1 as
				amended.
(3) Each member shall be a
				qualified elector of the State.
(4)
				The nine member Commission shall consist of persons with varied backgrounds; at
				least one in engineering or geology; one in labor or worker's safety; one in
				agriculture or soil conservation; one in transportation; one in economic
				development or banking; one in public utilities; one in natural resources; and
				two at large.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 3 - Operational Procedures › Section 460:1-3-3 - Meetings

Current through Vol. 41, No. 20, July 1, 2024
(a) All meetings
				shall be conducted in compliance with The Oklahoma Open Meeting Act (25 O.S.
				Sections 301 et seq. as amended).
(b) Before December 15 of each calendar year
				the Commission shall schedule, in writing, specific dates, including time and
				place, for the following year's regular meetings and file same with the
				Secretary of State. No less than six regular meetings of the Commission shall
				be held annually. Five (5) members must be present to constitute a quorum and a
				majority vote of those present shall be necessary to act upon and decide any
				motion before the Commission. In the absence of a quorum at any regular or
				special meeting those members of the Commission in attendance shall recess such
				meeting to any later date.
(c)
				Special Meetings may be called by the Chairman as permitted by law.
(d) A minute record shall be made of all
				proceedings before the Commission. The minute record shall show members present
				and absent, matters considered, actions taken, and the vote of each member on
				any motion. The minutes shall also reflect the manner and time of notice
				required by the Oklahoma Open Meeting Law.
(e) The following shall be the order of
				business at the Commission meeting:
(1)
				Minutes of previous meeting
(2)
				Administrative matters
(3)
				Financial statements of the Commission
(4) Old Business
(5) New Business
(6) Interested visitors heard
(7) Adjournment
(8) Executive Session, if requested and
				approved by a majority of the Commission members present.
(9) Open Session to announce any decisions
				made in Executive Session and adjourn.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 3 - Operational Procedures › Section 460:1-3-4 - Funding

Current through Vol. 41, No. 20, July 1, 2024
Funding for the Oklahoma Mining Commission's activities shall
				  be derived from funds appropriated to the Department of Mines for operating
				  expenses. Funds required for any third party studies called for by a majority
				  vote of the Commission members shall come from contributions by the mining and
				  related industries, the general public and foundations, as well as those funds
				  made available by the Department of Mines.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 3 - Operational Procedures › Section 460:1-3-5 - Officers

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall annually select from among its members a
				  Chairman, Vice-Chairman and Secretary. The Chairman and members of the
				  Commission shall receive no salary, but will receive expenses necessarily
				  incurred in the performance of their duties in accordance with laws pertaining
				  to state employees. The Vice-Chairman shall, in the absence of the Chairman,
				  fulfill all responsibilities of the Chairman. When circumstances require it, he
				  shall serve as Chairman until a Chairman is elected.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 3 - Operational Procedures › Section 460:1-3-7 - Annual audits

Current through Vol. 41, No. 20, July 1, 2024
Annual financial audits of the Department's fiscal year shall
				  be reported to the Commission at a regularly scheduled meeting or special
				  meeting, if necessary, by March of the following fiscal year. The Department
				  Director and staff shall submit a comprehensive report including the Audit
				  Findings and Comments of the outside auditing firm or agency, which shall
				  include at least a report of the appropriations, expenditures and receipts in
				  each of the established funds. An annual audit of the Department's physical
				  properties shall be reported to the Commission within 60 to 90 days after the
				  end of a fiscal year.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 5 - Duties and Powers › Section 460:1-5-1 - Authority

Current through Vol. 41, No. 20, July 1, 2024
In the exercise of all powers and the performance of all
				  duties provided in this Chapter, the Commission shall comply with the
				  procedures set forth in the APA and the rules and regulations of this
				  Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 7 - Oklahoma Miner Training Institute › Section 460:1-7-1 - Operational authority

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Oklahoma Mining Training Institute (OMTI) shall operate under the control and
				advice of the Oklahoma Mining Commission. The Commission shall establish and
				approve curriculum standards for all courses taught at OMTI. The Commission
				shall ensure that all courses taught at OMTI will meet current MSHA and OSM
				standards and that all graduates receiving certificates of competency have
				complied with all state, federal, and local permitting and licensing
				requirement.
(b) The Commission
				shall ensure the following:
(1) All blasting
				certifications be conducted by OMTI.
(2) All original certifications for state
				supervisor cards shall be issued only by OMTI.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 7 - Oklahoma Miner Training Institute › Section 460:1-7-2 - Director

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall approve the appointment by the Regents
				  of Eastern Oklahoma State College of a Director for OMTI. The Director for OMTI
				  shall report all OMTI business directly to the Commission.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 7 - Oklahoma Miner Training Institute › Section 460:1-7-3 - Liaison

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall appoint and approve a person within the
				  Department of Mines or the Commission or any other qualified designee to serve
				  as a liaison between the Commission and OMTI. The liaison shall represent the
				  interest of the Commission to OMTI, MSHA and OSM in all matters concerning
				  OMTI.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 9 - Rules › Section 460:1-9-2 - Amending the rules

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter may from time to time be expanded,
				  amended, or repealed by the Commission as authorized by law.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 9 - Rules › Section 460:1-9-3 - Petitions for declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
Any person may file a request for a declaratory ruling by the
				  Commission as to the application or enforcement of any rule, regulation or
				  statute to a given set of circumstances.
(1) Such requests shall be in writing, signed
				by the person seeking the ruling, state the rule, regulation or statute
				involved and contain a brief and concise statement of facts to which the ruling
				shall apply. Requests shall be submitted to the Commission at its office. The
				Commission will consider the request at its next regular or special meeting
				unless the question has been resolved by prior ruling of the Commission, in
				which event the petitioner shall be promptly notified of the prior
				ruling.
(2) The Commission may
				defer action or hold such requests in its agenda pending any investigation or
				hearing which the Commission might conduct. The Commission shall issue the
				requested rulings promptly upon the determination thereof or send an
				explanation to the petitioner stating why a ruling will not be issued. Unless a
				ruling states otherwise, rulings contemplated herein shall constitute precedent
				for the purpose of the Commission's application and enforcement of its rules,
				regulations and statutes unless revoked or overruled by the Commission or the
				Courts. Such rulings shall be indexed by statute, section or rule number and
				shall be available for inspection by members of the public at the Commission
				office. With respect to indexed rulings, the Commission may delete nonessential
				or repetitive information and may edit any ruling to protect proprietary or
				confidential information.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 11 - Hearings and Hearing Procedures › Section 460:1-11-1 - Conduct of hearings

Current through Vol. 41, No. 20, July 1, 2024
Hearings may be instituted and conducted where expressly
				  required by law and where deemed necessary to the proper execution and
				  discharge of any of the powers and duties conferred or imposed upon the
				  Commission by law.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 11 - Hearings and Hearing Procedures › Section 460:1-11-2 - Laws governing hearings

Current through Vol. 41, No. 20, July 1, 2024
All hearings shall be held in accordance with the governing
				  and applicable provisions of Title 45 of the Oklahoma Statutes, the APA and the
				  rules of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 11 - Hearings and Hearing Procedures › Section 460:1-11-3 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person or
				the Commission on its own motion may file a complaint alleging misconduct or
				violation of any order of the Commission. All complaints must be in writing
				signed under oath by the person filing the complaint or the personal
				representative of such person, and shall be filed with the Commission with a
				statement of charges incorporated within.
(b) Written notice of the complaint shall be
				given to the alleged violator along with notice that an investigative
				committee, comprised of members of the Commission or a person designated by the
				Commission and appointed by the Chairman, will investigate the allegations and
				determine if there is probable cause to believe that such misconduct or
				violation has occurred. The committee may, in its discretion, afford the
				alleged violator an opportunity to be heard in the course of the
				investigation.
(c) The written
				notice of the complaint issued by the Commission may be served either
				personally or by mailing a copy by registered mail directed to the affected
				party at his last-known address as shown by the files or records of the
				Commission. Proof of such service shall be filed in the Office of the
				Commission. Any notice, order or other instrument issued by the Commission will
				be served in this manner.
(d) The
				investigative committee or the designated person shall deliver a written report
				to the Commission which shall included a summary of the evidence considered,
				the conclusions of fact, and a recommendation as to further action to be taken
				in the matter. The report will serve as the basis for the Commission's
				determination in the matter. The determination of the Commission shall be
				delivered to the parties involved with notice contained therein that a formal
				hearing may be requested pursuant to Section
				460:1-11-5 of the
				Chapter, 45 O.S. (1981) Section 1 et seq., as amended, and the APA (75 O.S.,
				Section 301 et seq.).
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 11 - Hearings and Hearing Procedures › Section 460:1-11-4 - Certificates of competency

Current through Vol. 41, No. 20, July 1, 2024
(a)
				If, in a complaint alleging violation of a certificate of competency, the
				Commission finds that public health, safety, or welfare imperatively requires
				emergency action, the Commission may order a summary suspension of said
				certificate pending proceedings for revocation. Said findings must be
				incorporated in the order. Except for summary suspension, the Commission may
				issue a disciplinary order revoking the certificate of competency only after a
				formal hearing. Grounds for denial, revocation, refusal to renew, or summary
				suspension of a certificate of competency include:
(1) Fraud, deception or misrepresentation in
				applying for a certificate of competency or in taking the
				examination;
(2) Noncompliance with
				statutory requirements or the governing rules and regulations;
(3) Violating any other jurisdiction's mining
				laws, requirements or rules and regulations;
(4) Mental impairment;
(5) Gross incompetence, including failure to
				use due diligence and proper restraint in the course of performance;
(6) Dishonest practice;
(7) Nonpayment of fees will result in
				automatic revocation;
(8)
				Unauthorized or misuse of seal, including the sealing, dating and signing of
				any documents.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 1 - Oklahoma Mining Commisison › Subchapter 11 - Hearings and Hearing Procedures › Section 460:1-11-5 - Formal hearings

Current through Vol. 41, No. 20, July 1, 2024
Any formal hearing shall comply with the following:
(1) The Commission shall schedule a hearing
				before a Hearing Examiner or the Commission as a whole and due and proper
				notice of such hearing shall be given to all parties. Once a hearing has been
				scheduled the Chairman of the Commission may for sufficient cause postpone or
				reschedule a hearing provided that notice, either actual or constructive, of
				the rescheduled hearing date shall be given to all parties in the case. All
				such requests shall be in writing and in the case of an emergency said request
				shall be submitted in writing within three working days after the continuance
				request is requested.
(2) In the
				case of a proceeding conducted by the Commission, the Chairman or his designee
				shall preside. Designated counsel shall advise the Chair as to rulings on
				questions of law where such rulings are required or requested.
(3) All hearings shall be public except that
				upon motion of either party witnesses may be excluded from the hearing room
				when such witness is not testifying. A court reporter shall be present to
				record the proceedings on behalf of the Commission. Any party appealing the
				finding of the Commission or any other interested party desiring a copy of the
				transcript of the proceedings may purchase same from the reporter.
(4) Hearings shall be held at the main
				offices of the Oklahoma Department of Mines in Oklahoma City or at such other
				location as may be designated by the Commission.
(5) All parties to the complaint may present
				his or her own evidence or may present such through his or her
				counsel.
(6) The order of procedure
				shall be as follows:
(A) Recitation of the
				statement of charges as found in the complaint by the person
				presiding;
(B) Opening statement by
				the Applicant;
(C) Opening
				statement by the Respondent;
(D)
				Presentation of the Applicant's case followed by cross- examination and
				questioning by the Hearing Examiner or Chairman of the Commission or his
				designee presiding over the hearing;
(E) Respondent's presentation followed by
				cross-examination and questioning by the Hearing Examiner or presiding
				Chairman;
(F) Closing arguments by
				the Applicant;
(G) Closing
				arguments by the Respondent.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-1 - Purpose and construction

Current through Vol. 41, No. 20, July 1, 2024
The purpose and construction of this Chapter is to achieve
				  the just, timely, and inexpensive determination of all proceedings consistent
				  with adequate consideration of the issues involved.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Act"
means the Coal Reclamation Act of 1979, 45
				  O.S. 1981, Section 742.1 et seq.
"Attorney"
means the legal counsel for the
				  Department of Mines.
"Director"
means the Chief Mine Inspector, State
				  of Oklahoma.
"Director of OHA"
means the Administrative
				  Officer, Department of Mines.
"DOM"
means the Department of Mines.
"Hearing Examiner"
means a hearing examiner
				  appointed by the Chief Mine Inspector.
"OHA"
means the Office of Hearings and Appeals,
				  Department of Mines.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-3 - Jurisdiction of the Director

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The jurisdiction of the Director includes the authority to exercise the final
				decision making power under the act pertaining to:
(1) Applications for review of decisions by
				DOM regarding determinations concerning permits for surface coal mining
				operations pursuant to Sections 745.14 and 745.15 of the act;
(2) Petitions for review of proposed
				assessments of civil penalties issued by DOM pursuant to Section 769 of the
				act;
(3) Applications for review of
				notices of violation and orders of cessation or modifications, vacations, or
				terminations thereof, issued pursuant to Sections 776 or 777 of the
				act;
(4) Proceedings for suspension
				or revocation of permits pursuant to Section 779 of the act;
(5) [Reserved];
(6) Applications for temporary
				relief;
(7) Petitions for awards of
				costs and expenses under Section 786 of the act;
(8) Appeals from orders or decisions of
				hearing examiners; and
(9) All
				other appeals and review procedures under the act which are permitted by the
				regulations of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-4 - Eligibility to practice

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				hearing examiner or the Director may determine the eligibility of persons to
				practice before the OHA in any proceeding under the act.
(b) If a hearing examiner or the Director
				determines that any person is not qualified to practice before the OHA, the
				hearing examiner or the Director shall disqualify the person and report the
				disqualification to the Director of OHA.
(c) Upon receipt of a report under (b) of
				this section, the Director of the OHA may request the legal counsel for DOM
				initiate a disciplinary proceeding.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-5 - Requests for declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may request the Director to
				interpret the applicability of any rule or order of Department by requesting a
				declaratory ruling. The purpose of a declaratory ruling is to explain, or
				clarify, a rule or an order of the Director in relation to a particular
				situation. A request for a declaratory ruling must be in writing, and it must
				include the following information.
(1) The
				name, address and telephone number of the person making the request;
(2) The name, address and telephone number of
				the organization the person represents, if applicable;
(3) The date of the request;
(4) A description of the problem or issue
				which is in the reason for the request; and
(5) The numbers and headings used to identify
				the rule or order on which the ruling is sought.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-6 - Parties

Current through Vol. 41, No. 20, July 1, 2024
(a) All persons
				indicated in the act as parties to administrative proceedings under the act
				shall be considered statutory parties. Such statutory parties include:
(1) In a civil penalty proceeding under
				460:2-7-1, as
				represented by its legal counsel, and any person against whom a proposed
				assessment is made who files a petition;
(2) In a review proceeding under
				460:2-9-1 et seq. or 460:2-
				11-1 et seq., DOM, as represented by its legal counsel, and:
(A) If a permittee files an application for
				review, the permittee; and
(B) If
				any other person having an interest which is or may be adversely affect files
				an application for review, the permittee and the person filing such
				application;
(3) In a
				proceeding to suspend or revoke a permit under
				460:2-13-1
				et seq. DOM, as represented by its legal counsel, and the permittee who is
				ordered to show cause why the permit should not by suspended or
				revoked.
(4) [RESERVED]
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-7 - Hearing sites

Current through Vol. 41, No. 20, July 1, 2024
Unless the act requires otherwise, hearings shall be held in
				  a location established by the hearing examiner; however, the hearing examiner
				  shall give due regard to the convenience of the parties or their
				  representatives and witnesses.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-8 - Filing of documents

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				initial pleadings in a proceeding to be conducted or being conducted by a
				hearing officer under the rules of this Chapter shall be filed, by hand or by
				mail, with the OHA, Department of Mines.
(b) Where a proceeding has been assigned to a
				hearing examiner, the parties will be notified by the DOM of the name and
				address of the hearing examiner assigned to the case and thereafter all further
				documents shall be filed with the hearing examiner, at the address designated
				in the notice.
(c) Any notice of
				appeal or documents in a proceeding to be conducted or being conducted by the
				Director shall be filed, by hand or by mail, with the Director.
(d) Any person filing initial pleadings with
				the OHA or a notice of appeal with the Director shall furnish an original and
				one copy. Any person filing other documents with the OHA shall furnish only an
				original.
(e) Any person who has
				initiated a proceeding under the rules of this Chapter before the OHA or filed
				a notice of appeal with the Director shall file proof of service with the same
				in the form of a return receipt where service is by registered or certified
				mail, or an acknowledgement by the party served or a verified return where
				service is made personally. A certificate of service shall accompany all other
				documents filed by a party in any proceeding.
(f) The effective filing date for documents
				initiating proceedings shall be the date the document is received by the
				DOM.
(g) The effective filing date
				for all other documents shall be the date the document is received by the
				hearing examiner, or, in a proceeding before the Director, the date the
				document is received 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 1 - General Provisions › Section 460:2-1-9 - Form of documents

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				document filed with the OHA in any proceeding brought under the act shall be
				captioned with:
(1) The names of the
				parties;
(2) The name of the mine
				to which the document relates; and
(3) If the review is bring sought under
				Section 786 of the act, identification by number of any notice or order sought
				to be reviewed.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-10 - Service

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party
				initiating a proceeding in the OHA under the Act shall serve copies of the
				initiating documents to the Director or the Department Legal Counsel, Oklahoma
				Department of Mines, 2915 N. Classen Blvd., Suite 213, Oklahoma City, Oklahoma
				73106 (telephone 405/427-3859). Any party or other person shall serve any other
				documents being filed subsequently with the OHA on all other parties and all
				other persons participating in the proceeding.
(b) Copies of documents by which any
				proceeding is initiated shall be served on all statutory parties personally or
				by registered or certified mail, return receipt requested. All subsequent
				documents shall be served personally or by first class mail.
(c) Service of copies of documents initiating
				a proceeding is complete at the time of personal service or, if service is made
				by mail, upon receipt. Service of all subsequent documents is complete at the
				time of personal service or, if service is by mail, upon mailing.
(d) Whenever an attorney has entered an
				appearance for a party in a proceeding before a hearing examiner or the
				Director, service thereafter shall be made upon the attorney.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-11 - Intervention

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person,
				other state agencies, or the Office of Surface Mining may petition for leave to
				intervene at any stage of a proceeding in the OHA under the act.
(b) A petitioner for leave to intervene shall
				incorporate in the petition a statement setting forth the interest of the
				petitioner and, where required, a showing of why his interest is or may be
				adversely affected.
(c) The hearing
				examiner or the Director shall grant intervention where the petitioner:
(1) Has a statutory right to initiate the
				proceeding in which he wishes to intervene; or
(2) Has an interest which is or may be
				adversely affected by the outcome of the proceeding.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-12 - Voluntary dismissal

Current through Vol. 41, No. 20, July 1, 2024
Any party who initiated a proceeding before the OHA may seek
				  to withdraw by moving to dismiss at any stage of a proceeding and the hearing
				  examiner or the Director may grant such a motion.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-13 - Motions

Current through Vol. 41, No. 20, July 1, 2024
(a) Except for oral
				motions made in proceedings on the record, or where the hearing examiner
				otherwise directs, each motion shall:
(1) Be
				in writing; and
(2) Contain a
				concise statement of supporting grounds.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-14 - Consolidation of proceedings

Current through Vol. 41, No. 20, July 1, 2024
When proceedings involving a common question of law or fact
				  are pending before a hearing examiner or the Director, such proceedings are
				  subject to a consolidation pursuant to a motion by a party or at the initiation
				  of the hearing examiner or Director.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-15 - Advancement of proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Except in expedited review proceedings under
				460:2-11-1, or in
				temporary relief proceedings under
				460:2-17-7,
				at any time after commencement of a proceeding, any party may move to advance
				the scheduling of a proceeding.
(b)
				Except as otherwise directed by the hearing examiner or the Director, any party
				filing a motion under this section shall:
(1)
				Make the motion in writing;
(2)
				Describe the exigent circumstances justifying the advancement;
(3) Describe the irreparable harm that would
				result if the motion is not granted;
(4) Incorporate in the motion affidavits to
				support any representations of fact.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 1 - General Provisions › Section 460:2-1-16 - Waiver of right to hearing

Current through Vol. 41, No. 20, July 1, 2024
Any person entitled to a hearing before a hearing examiner
				  under the act may waive such right in writing. Where parties are directed by
				  any rule in the regulations in this Chapter 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 a proceeding who are entitled to a hearing waive, or are
				  deemed to have waived such right, a hearing will 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 1 - General Provisions › Section 460:2-1-17 - Status of notice of violation and orders of cessation pending review by OHA

Current through Vol. 41, No. 20, July 1, 2024
Except where temporary relief is granted pursuant to Section
				  786(c) or Section 787 of the act, notices of violation and orders of cessation
				  issued under the act shall remain in effect during the pendency of review
				  before a hearing examiner or the Director.
Added at 17 Ok Reg 3168,
				  eff 7-28-00
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 3 - Evidentiary Hearings › Section 460:2-3-1 - Presiding officers

Current through Vol. 41, No. 20, July 1, 2024
A hearing examiner shall preside over any hearing required by
				  the act.
Added at 17 Ok Reg 3168,
				  eff 7-28-00
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 3 - Evidentiary Hearings › Section 460:2-3-2 - Powers of hearing examiners

Current through Vol. 41, No. 20, July 1, 2024
(a) Under the regulations in this Chapter, a
				hearing examiner may:
(1) Administer oaths and
				affirmations;
(2) Issue
				subpoenas;
(3) Issue appropriate
				orders relating to discovery;
(4)
				Rule on procedural requests or similar matters;
(5) Hold conferences for settlement or
				simplification of the issues;
(6)
				Regulate the course of the hearing;
(7) Rule on offers of proof and receive
				relevant evidence;
(8) Take other
				actions authorized by the regulations in this Chapter and the act;
				and
(9) Make or recommend
				decisions.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 3 - Evidentiary Hearings › Section 460:2-3-3 - Conduct of hearing examiners

Current through Vol. 41, No. 20, July 1, 2024
Hearing examiners shall adhere to the "Code of Judicial
				  Conduct."
Added at 17 Ok Reg 3168,
				  eff 7-28-00
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 3 - Evidentiary Hearings › Section 460:2-3-4 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				hearing examiner shall give notice to the parties of the time, place and nature
				of any hearing.
(b) Except for
				expedited review proceedings and temporary relief proceedings where time is of
				the essence, notice given under this section shall be in writing.
(c) In an expedited proceeding when there is
				only opportunity to give oral notice, the hearing examiner shall enter that
				fact contemporaneously on the record by a signed and dated memorandum
				describing the notice given.
Added at 17 Ok Reg 3168,
				  eff 7-28-00
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 3 - Evidentiary Hearings › Section 460:2-3-5 - Certification of interlocutory ruling

Current through Vol. 41, No. 20, July 1, 2024
Upon motion or upon the initiative of the hearing examiner,
				  the examiner may certify to the Director a ruling which does not finally
				  dispose of the case if the ruling presents a controlling question of law and an
				  immediate appeal would materially advance the ultimate disposition by the
				  examiner.
Added at 17 Ok Reg 3168,
				  eff 7-28-00; Added at 17 Ok Reg 3168, eff
				  7-28-00
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 3 - Evidentiary Hearings › Section 460:2-3-6 - Summary decisions

Current through Vol. 41, No. 20, July 1, 2024
(a) At
				any time after a proceeding has begun, a party may move for summary decision of
				the whole or part of the case.
(b)
				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.
(c) A
				hearing examiner may grant a motion under this section if the record, including
				the pleadings, depositions, answers to interrogatories, admissions and
				affidavits shows that:
(1) There is no
				disputed issue as to any material fact; and
(2) The moving party is entitled to summary
				decision as a matter of law.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 3 - Evidentiary Hearings › Section 460:2-3-7 - Proposed findings of fact and conclusions of law

Current through Vol. 41, No. 20, July 1, 2024
The Hearing examiner shall allow the parties to a proceeding
				  the opportunity to submit proposed findings of fact and conclusions of law
				  together with a supporting brief at the time designated by the hearing examiner
				  unless a Summary Decision has been granted disposing of the entire case
				  pursuant to OAC
				  460:20-3-6.
Added at 17 Ok Reg 3168,
				  eff 7-28-00; Amended at 22 Ok Reg 2783, eff
				  9-11-05
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 3 - Evidentiary Hearings › Section 460:2-3-8 - Initial orders and decisions

Current through Vol. 41, No. 20, July 1, 2024
An initial order or decision disposing of a case shall
				  incorporate:
(1) Findings of fact and
				conclusions of law and the basis and reasons therefore on all the material
				issues of fact, law, and discretion presented on the record; and
(2) An order granting or denying
				relief.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 3 - Evidentiary Hearings › Section 460:2-3-9 - Effect of initial order or decision

Current through Vol. 41, No. 20, July 1, 2024
An initial order or decision shall become final if that order
				  or decision is not timely appealed to the Director under
				  460:2-19-1
				  or
				  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 3 - Evidentiary Hearings › Section 460:2-3-10 - Certification of record

Current through Vol. 41, No. 20, July 1, 2024
Except in expedited review proceedings under
				  460:2-11-1, within 5 days
				  after an initial decision has been rendered, the hearing examiner shall certify
				  the official record of the proceedings, including all exhibits, and transmit
				  the official record for filing in the Department of Mines.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 5 - Discovery › Section 460:2-5-1 - Discovery methods

Current through Vol. 41, No. 20, July 1, 2024
Parties may obtain discovery by one or more of the following
				  methods:
(1) Depositions upon oral
				examination or upon written interrogatories;
(2) Written interrogatories;
(3) Production of documents or things or
				permission to enter upon land or other property, for inspection and other
				purposes; and
(4) Requests for
				admission.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 5 - Discovery › Section 460:2-5-2 - Time for discovery

Current through Vol. 41, No. 20, July 1, 2024
Following the initiation of a proceeding, the parties may
				  initiate discovery at any time so long as it does not interfere with the
				  conduct of the hearing.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 5 - Discovery › Section 460:2-5-3 - Scope of discovery

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Unless otherwise limited by order of the hearing examiner in accordance with
				the rules in this Chapter, the parties may obtain discovery regarding any
				matter, not privileged, which is relevant to the subject matter involved in the
				proceeding, including the existence, description, nature, custody, condition,
				and location of any books, documents or other tangible things and the identity
				and location of persons having knowledge of any discoverable matter.
(b) It is not grounds for objection that
				information sought will not be admissible at the hearing if the information
				sought appears reasonably calculated to lead to the discovery of admissible
				evidence.
(c) A party may obtain
				discovery of documents and tangible things otherwise discoverable under (a) of
				this section and prepared in anticipation of or for the hearing by or for
				another party's representative (including his attorney, consultant, surety,
				indemnitor, insurer, or agent) only upon a showing that the parity seeking
				discovery has substantial need of the materials in the preparation of his case
				and that he is unable without due hardship to obtain the substantial equivalent
				of the materials by other means. In ordering discovery of such materials when
				the required showing has been made, the hearing examiner shall protect against
				disclosure of the mental impressions, conclusions, opinions, or legal theories
				of an attorney or other representative of a party concerning the
				proceeding.
(d) Upon motion by a
				party or the person from whom discovery is sought, and for good cause shown,
				the hearing examiner may make any order which justice requires to protect a
				party or person from annoyance, embarrassment, oppression, or undue burden or
				expense, including one or more of the following:
(1) The discovery not be had;
(2) The discovery may be had only on
				specified terms and conditions, including a designation of the time or
				place;
(3) The discovery may be had
				only by a method of discovery other than that selected by the party seeking
				discovery;
(4) Certain matters not
				relevant may not be inquired into, or that the scope of discovery be limited to
				certain matters;
(5) Discovery be
				conducted with no one present except persons designated by the hearing
				examiner; or
(6) A trade secret or
				other confidential research, development or commercial information may not be
				disclosed or be disclosed only in a designated way.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 5 - Discovery › Section 460:2-5-4 - Sequence and timing of discovery

Current through Vol. 41, No. 20, July 1, 2024
Unless the hearing examiner upon motion, for the convenience
				  of parties and witnesses and in the interests of justice, orders otherwise,
				  methods of discovery may be used in any sequence and the fact that a party is
				  conducting discovery, whether by deposition or otherwise, shall not operate to
				  delay any other party's discovery.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 5 - Discovery › Section 460:2-5-5 - Supplementation of responses

Current through Vol. 41, No. 20, July 1, 2024
A party who has responded to a request for discovery with a
				  response that was complete when made is under no duty to supplement his
				  response to include information thereafter acquired, except as follows:
(1) A party is under a duty to supplement
				timely his response with respect to any question directly addressed to:
(A) The identity and location of persons
				having knowledge of discoverable matters; and
(B) The identity of each person expected to
				be called as an expert witness at the hearing, the subject matter on which he
				is expected to testify and the substance of his testimony.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 5 - Discovery › Section 460:2-5-6 - Motion to compel discovery

Current through Vol. 41, No. 20, July 1, 2024
(a)
				If a deponent fails to answer a question propounded, or a party upon whom a
				request is made pursuant to
				460:2-5-11,
				or a party upon whom answers to interrogatories are served fails to adequately
				respond or objects to the request, or any party thereof, or fails to permit
				inspection as requested, the discovering party may move the hearing examiner
				for an order compelling a response or inspection in accordance with the
				request.
(b) The motion shall set
				forth:
(1) The nature of the questions or
				request;
(2) The response or
				objection of the party upon whom the request was served; and
(3) Arguments in support of the
				motion.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 5 - Discovery › Section 460:2-5-7 - Failure to comply with orders compelling discovery

Current through Vol. 41, No. 20, July 1, 2024
If a party or an officer, director, or other agent of a party
				  fails to obey an order to provide or permit discover, the hearing examiner
				  before whom the action is pending may make such orders in regard to the failure
				  as are just, including but not limited to the following:
(1) An order that the matters sought to be
				discovered or any other designated facts shall be taken to be established for
				the purposes of the action in accordance with the claim of the party obtaining
				the order;
(2) An order refusing to
				allow the disobedient party to support or oppose designated claims or defenses,
				or prohibiting him from introducing designated matters into evidence;
				or
(3) An order striking out
				pleadings or parts thereof, or staying further proceedings until the order is
				obeyed, or dismissing the action or proceeding or any part thereof, or
				rendering a judgment by default against the disobedient party.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 5 - Discovery › Section 460:2-5-8 - Depositions upon oral examination or upon written

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party desiring to take the testimony
				of any other party or other persons by deposition upon oral examination or
				written questions shall, without leave of the hearing examiner, give reasonable
				notice in writing to every other party, to the person to be examined and to the
				hearing examiner of:
(1) The proposed time and
				place of taking the deposition;
(2)
				The name and address of each person to be examined, if known, or if the name is
				not known, a general description sufficient to identify him or the particular
				group or class to which he belongs;
(3) The matter upon which each person will be
				examined; and
(4) The name or
				descriptive title and address of the officer before whom the deposition is to
				be taken.