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 5 - Discovery › Section 460:2-5-9 - Use of depositions

Current through Vol. 41, No. 20, July 1, 2024
At the hearing, any part or all of a deposition, so far as
				  admissible, may be used against any party who was present or represented at the
				  taking of the deposition, or who had reasonable notice thereof, in accordance
				  with any of the following provisions:
(1) Any deposition may be used by any party
				for the purpose of contradicting or impeaching the testimony of a deponent as a
				witness;
(2) The deposition of a
				party or of anyone who at the time of taking the deposition was an officer,
				director, or managing agent or a person designating to testify on behalf of a
				public or private corporation, partnership, or association or governmental
				agency which is a party may be used by an adverse party for any purpose;
				or
(3) The deposition of a witness,
				whether or not a party, may be used by a party for any purpose if the hearing
				examiner finds that:
(A) The witness is
				dead;
(B) The witness is at a
				distance greater than 100 miles from the place of hearing, or is outside the
				United States, unless it appears that the absence of the witness was procured
				by the party offering the deposition;
(C) The witness is unable to attend or
				testify because of age, illness, infirmity, or imprisonment;
(D) The party offering the deposition has
				been unable to procure the attendance of the witness by subpoena; or
(E) Such exceptional circumstances exist as
				to make it desirable, in the interest of justice and with due regard to the
				importance of presenting the testimony of witnesses orally at the hearing, to
				allow the deposition to be used.
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 460:2-5-10 - Written interrogatories to parties

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party may serve upon any other party
				written interrogatories to be answered in writing by the party serve, or if the
				party served is a public or private corporation or a partnership or association
				or governmental agency, by any officer or agent, who shall furnish such
				information as is available to the party. A copy of the interrogatories,
				answers, and all related pleadings shall be served on the hearing examiner and
				upon all parties to the proceedings.
(b) Each interrogatory shall be answered
				separately and fully in writing under oath or affirmation, unless it is
				objected to, in which event the reasons for objection shall be state in lieu of
				an answer. The answer and objections shall be signed by the person making them.
				The party upon whom the interrogatories were served shall serve a copy of the
				answers and objections upon all parties to the proceeding within 30 days after
				service of the interrogatories, or within such shorter time as the hearing
				examiner may allow.
(c)
				Interrogatories may relate to any matters which can be inquired into under
				460:2-5-3. An
				interrogatory otherwise proper is not necessarily objectionable merely because
				any answer to the interrogatory involves an opinion or contention that relates
				to fact or the application of the law to fact, but the hearing examiner may
				order that such an interrogatory need not be answered until after designated
				discovery has been completed or until a prehearing conference or other later
				time.
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 460:2-5-11 - Production of documents and things and entry upon

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party may serve on any other party a
				request to:
(1) Produce and permit the party
				making the request, or a person acting on his behalf, to inspect and copy any
				designated documents, or the inspect and copy, test, or sample any tangible
				things within the scope of
				460:2-5-3 and
				which are in the possession, custody, or control of the party upon whom the
				request is served; or
(2) Permit
				entry upon designated land or other property in the possession or control of
				the party upon whom the request is served for the purpose of inspection and
				measuring, surveying, photographing, testing, or sampling the property
				(including the air, water, and soil) or any designated object or operation
				thereon, within the scope of
				460:2-5-3.
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 460:2-5-12 - Admissions

Current through Vol. 41, No. 20, July 1, 2024
(a) A party may
				serve upon any other party a written request for the admission, for purpose of
				the pending action only, of the genuineness and authenticity of any relevant
				document described in or attached to the request, or for the admission of the
				truth of any specified matter of fact.
(b) Each matter of which an admission is
				requested is admitted unless, within 30 days after service of the request or
				such shorter or longer time as the hearing examiner may allow, the party to
				whom the request is directed serves on the requesting party:
(1) A sworn statement denying specifically
				the relevant matters of which an admission is requested;
(2) A sworn statement setting forth in detail
				the reasons why he can neither truthfully admit not deny them; or
(3) Written objections on the ground that
				some or all of the matters involved are privileged or irrelevant or that the
				request is otherwise improper in whole or in part.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 7 - Petitions for Review of Proposed Assessments of Civil Penalties › Section 460:2-7-1 - Who may file

Current through Vol. 41, No. 20, July 1, 2024
Any person charged with a civil penalty may file a petition
				  for review of a proposed assessment of that penalty with 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 7 - Petitions for Review of Proposed Assessments of Civil Penalties › Section 460:2-7-2 - Time for filing

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				petition for review of a proposed assessment of a civil penalty must be filed
				within 30 days of receipt of the proposed assessment, or;
(b) If a timely request for a conference has
				been mad pursuant to I DOM/RR Section 845.18, a petition for review must be
				filed with 15 days of service of the notice by the conference officer that the
				conference is deemed complete.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 7 - Petitions for Review of Proposed Assessments of Civil Penalties › Section 460:2-7-3 - Contents of petition; payment required

Current through Vol. 41, No. 20, July 1, 2024
(a) A petition for review of a proposed
				assessment of a civil penalty shall include:
(1) A short and plain statement indicating
				the reasons why either the amount of the penalty or the fact of the violation
				is being contested;
(2) If the
				amount of penalty is being contested based upon a misapplication of the civil
				penalty formula, a statement indicating how the civil penalty formula contained
				in I DOM/RR Part 845 was misapplied, along, with a proposed civil penalty
				utilizing the civil penalty formula;
(3) Identification by number of all
				violations being contested;
(4) The
				identifying number of the cashier's check, certified check, bank draft,
				personal check, or bank money order accompanying the petition; and
(5) A request for a hearing site.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 7 - Petitions for Review of Proposed Assessments of Civil Penalties › Section 460:2-7-4 - Answer

Current through Vol. 41, No. 20, July 1, 2024
DOM shall have 30 days from receipt of a copy of a petition
				  for review of a proposed assessment of a civil proceeding within which to file
				  an answer to the petition.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 7 - Petitions for Review of Proposed Assessments of Civil Penalties › Section 460:2-7-5 - Review of waiver determination

Current through Vol. 41, No. 20, July 1, 2024
(a) Within 10 days of the filing of a
				petition for review of a proposed assessment of a civil proceeding, the
				petitioner may move the hearing examiner to review the granting or denial of a
				waiver of the civil penalty formula pursuant to I DOM/RR Section
				845.16.
(b) The motion shall
				contain a statement indicating all alleged facts relevant to the granting or
				denial of the waiver.
(c) Review
				shall be limited to the written determination of the Director granting or
				denying the waiver, the motion and the responses to the motion. The standard of
				review shall be abuse of discretion.
(d) If the hearing examiner finds that the
				Director abused his discretion in granting or denying the waiver, the hearing
				examiner shall hold the hearing on the petition for review of the proposed
				assessment required by Section 769B of the act and make a determination
				pursuant to
				460:2-7-8.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 7 - Petitions for Review of Proposed Assessments of Civil Penalties › Section 460:2-7-6 - Burden of proof in civil penalty proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a) In civil penalty proceedings, DOM shall
				have the burden of going forward to establish a prima facie case and as to the
				amount of the penalty.
(b) The
				ultimate burden of persuasion as to the fact of the violation rests with the
				applicant.
Amended at 14 Ok Reg
				  3479, eff 8-11-97
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 7 - Petitions for Review of Proposed Assessments of Civil Penalties › Section 460:2-7-7 - Summary disposition

Current through Vol. 41, No. 20, July 1, 2024
(a) In a
				civil penalty proceeding where the person against whom the proposed civil
				penalty is assessed fails to comply on time with any prehearing order of a
				hearing examiner, the hearing examiner shall issue an order to show cause why:
(1) That-person should not be deemed to have
				waived his right to a hearing; and
(2) The proceedings should not be dismissed
				and referred to the assessment officer.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 7 - Petitions for Review of Proposed Assessments of Civil Penalties › Section 460:2-7-8 - Determination by hearing examiner

Current through Vol. 41, No. 20, July 1, 2024
(a) The hearing examiner shall incorporate in
				his decision concerning the civil penalty, findings of fact on each of the four
				criteria set forth in I DOM/RR Section 845.13 and conclusions of law.
(b) If the hearing examiner finds that:
(1) A violation occurred or that the fact of
				the violation is uncontested, he shall establish the amount of the penalty, but
				in doing so, he shall adhere to the point system and conversion table contained
				in I DOM/RR Section 845.14, except that the hearing examiner may waive the use
				of such point system where he determines that a waiver would further abatement
				of the violations of the act. However, the hearing examiner shall not waive the
				use of the point system and reduce the proposed assessment on the basis of an
				argument that a reduction in the proposed assessment could be used to abate
				other violations of the act; or
(2)
				No violation occurred, he shall issue an order that the proposed assessment be
				returned to the petitioner.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 7 - Petitions for Review of Proposed Assessments of Civil Penalties › Section 460:2-7-9 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Any party may petition the Director to review the decision of
				  a hearing examiner concerning an assessment of a civil penalty according to the
				  procedures set forth in
				  460:2-19-1.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 8 - Petitions for Review of Proposed Individual Civil Penalty Assessment › Section 460:2-8-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter governs administrative review of proposed
				  individual civil penalty assessments under Chapter 20, against a director,
				  officer, or agent of a corporation.
Added at 15 Ok Reg 3967,
				  eff 8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 8 - Petitions for Review of Proposed Individual Civil Penalty Assessment › Section 460:2-8-2 - Who may file

Current through Vol. 41, No. 20, July 1, 2024
Any individual served a notice of proposed individual civil
				  penalty assessment may file a petition for review with the Legal Division of
				  the Oklahoma Department of Mines, 2915 N. Classen Blvd., Suite 213, Oklahoma
				  City, Oklahoma 73106 (telephone 405/427-3859).
Added at 15 Ok Reg 3967,
				  eff 8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 8 - Petitions for Review of Proposed Individual Civil Penalty Assessment › Section 460:2-8-3 - Time for filing

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				petition for review of a notice of proposed individual civil penalty assessment
				must be filed within 30 days of its service on the individual.
(b) No extension of time will be granted for
				filing a petition for review of a notice of proposed individual civil penalty
				assessment. Failure to file a petition for review within the time period
				provided in paragraph (a) of this section shall be deemed an admission of
				liability by the individual, whereupon the notice of proposed assessment shall
				become a final order of the Director and any tardy petition shall be
				dismissed.
Added at 15 Ok Reg 3967,
				  eff 8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 8 - Petitions for Review of Proposed Individual Civil Penalty Assessment › Section 460:2-8-4 - Contents and service of petition

Current through Vol. 41, No. 20, July 1, 2024
(a) An individual filing a petition for
				review of notice of proposed individual civil penalty shall provide:
(1) A concise statement of the facts
				entitling the individual to relief;
(2) A copy of the notice of proposed
				assessment;
(3) A copy of the
				notice(s) of violation, order(s) or final decision(s) the corporate permittee
				is charged with failing or refusing to comply with that have been served on the
				individual by the Department; and
(4) A statement whether the individual
				requests or waives the opportunity for an evidentiary hearing.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 8 - Petitions for Review of Proposed Individual Civil Penalty Assessment › Section 460:2-8-5 - Answer, motion, or statement of Department

Current through Vol. 41, No. 20, July 1, 2024
Within 30 days from receipt of a copy of a petition, the
				  Department shall file with the Hearing Officer an answer or motion, or
				  statement that it will not file an answer or motion, in response to the
				  petition.
Added at 15 Ok Reg 3967,
				  eff 8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 8 - Petitions for Review of Proposed Individual Civil Penalty Assessment › Section 460:2-8-6 - Amendment of petition

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				individual filing a petition may amend it once as a matter of right before
				receipt by the individual of an answer, motion, or statement of the Department
				made in accordance with
				460:2-8-5
				of this subchapter. Thereafter, a motion for leave to amend the petition shall
				be filed with the Hearing Officer.
(b) The Department shall have 30 days from
				receipt of a petition amended as a matter of right to file an answer, motion,
				or statement in accordance with Section
				460:2-8-5
				of this Subchapter. If the Hearing Officer grants a motion to amend a petition,
				the time for the Department to file an answer, motion, or statements shall be
				set forth in the order granting the motion to amend.
Added at 15 Ok Reg 3967,
				  eff 8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 8 - Petitions for Review of Proposed Individual Civil Penalty Assessment › Section 460:2-8-7 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
The Hearing Officer shall give notice of the time and place
				  of the hearing to all interested parties. The Hearing shall be of record and
				  governed by O.S. Title 75, the Administrative Procedures Act.
Added at 15 Ok Reg 3967,
				  eff 8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 8 - Petitions for Review of Proposed Individual Civil Penalty Assessment › Section 460:2-8-8 - Elements, burdens of proof

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Department shall have the burden of going forward with evidence to
				establish a prima facie case that:
(1) A
				corporate permittee either violated a condition of a permit or failed or
				refused to comply with an order issued under 45 O. S. 1981, Section 724. et.
				seq., or an order incorporated in the final decision of the Director, (except
				an order incorporated in a decision issued under sections 45 O. S. Subsection
				769 (b) of the Act or implementing regulations), unless the fact of violation
				or failure or refusal to comply with an order has been upheld in a final
				decision in a proceeding under Sections 2-7-1 through 2-7-9, 2-9-2 through
				2-9-12, or Sections 2-11-1 through 2-11-8, and Sections 2-19-1 or 2-39-2 of
				this Chapter, and the individual is one against whom the doctrine of collateral
				estoppel may be applied to prelude relitigation of fact issues;
(2) The individual, at the time of the
				violation, failure or refusal, was a director, officer, or agent of the
				corporation; and
(3) The individual
				willfully and knowingly authorized, ordered, or carried out the corporate
				permittee's violation or failure or refusal to comply.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 8 - Petitions for Review of Proposed Individual Civil Penalty Assessment › Section 460:2-8-9 - Decision by Administrative Hearing Officer

Current through Vol. 41, No. 20, July 1, 2024
(a) The Hearing Officer shall issue a written
				decision containing findings of fact and conclusions of law on each of the
				elements set forth in section 460:20-8-8 of this Subchapter.
(b) If the Hearing Officer concludes that the
				individual is liable for an individual civil penalty, he shall order that it be
				paid in accordance with
				460:20-63-6,
				absent the filing of a petition for discretionary review in accordance with
				Section
				460:2-8-10
				of this Subchapter.
Added at 15 Ok Reg 3967,
				  eff 8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 8 - Petitions for Review of Proposed Individual Civil Penalty Assessment › Section 460:2-8-10 - Petition for discretionary review

Current through Vol. 41, No. 20, July 1, 2024
(a) Any affected party may petition the
				Department Director to review an order or decision by the Hearing Officer
				disposing of an individual civil penalty proceeding under section
				460:2-8-9
				of the is Subchapter.
(b) A
				petition 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 shall not be extended.
(c) A
				petitioner under this Section shall list the alleged errors of the Hearing
				Officer and shall attach a copy of the order or decision sought to be
				reviewed.
(d) Any affected 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 for review under this section, the Director shall grant or deny the
				petition in whole or in part.
(f)
				If the petition for review is granted the rules in Sections 2-19-4 through
				2-19-7 of this Chapter are applicable. If the petition is denied, the decision
				of the Hearing Officer is final subject to
				460:2-1-3.
(g) Payment of a penalty is due in accordance
				with 460:2-63-6 of this Chapter.
Added at 15 Ok Reg 3967,
				  eff 8-28-98
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
The regulations of this Chapter govern applications for
				  review of:
(1) Notices of violation or
				the modification, vacation, or termination of a notice of violation under
				Section 777 of the act; or
(2)
				Orders of cessation which are not subject to expedited review under
				460:2-11-1 or the
				modification, vacation, or termination of such an order of cessation under
				Sections 776 or 777 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 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-2 - Who may file

Current through Vol. 41, No. 20, July 1, 2024
A permittee issued a notice or order by the Department
				  pursuant to the provisions of Section 776 or Section 777 of the act or any
				  person having an interest which is or may be adversely affected by a notice or
				  order subject to review under
				  460:2-9-1 may file an
				  application for review with 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 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-3 - Time for filing

Current through Vol. 41, No. 20, July 1, 2024
Any person filing an application for review under this
				  Chapter shall file that application within 30 days of the receipt of a notice
				  or order or within 30 days of receipt of notice of modification, vacation, or
				  termination of such a notice or order. Any person not served with a copy of the
				  document shall file the application for review within 40 days of the date of
				  issuance of the document.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-4 - Effect of failure to file

Current through Vol. 41, No. 20, July 1, 2024
Failure to file an application for review of a notice of
				  violation or order of cessation shall not preclude challenging the fact of the
				  violation during a civil penalty proceeding. Failure to file an application for
				  review of a notice of violation pursuant to this Subchapter and failure to
				  challenge the fact of the violation during a civil penalty proceeding shall
				  result in the notice of violation becoming a final order of the
				  Department.
Amended at 20 Ok Reg
				  2813, eff 8-26-03
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-5 - Contents of application

Current through Vol. 41, No. 20, July 1, 2024
Any person filing an application for review of a notice of
				  violation or order of cessation shall incorporate in that application regarding
				  each claim for relief:
(1) A statement
				of facts entitling that person to administrative relief;
(2) A request for specific relief;
(3) A copy of any notice or order sought to
				be reviewed;
(4) A statement as to
				whether the persons 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 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-6 - Answer

Current through Vol. 41, No. 20, July 1, 2024
(a) Where an
				application for review of a notice of violation or order of cessation is filed
				by a permittee, DOM as well as any other person granted leave to intervene
				pursuant to
				460:2-1-11 shall
				file an answer within 20 days of service of a copy of such
				application.
(b) Where an
				application for review is filed by a person other than a permittee, the
				following shall file an answer within 20 days of service of a copy of such
				application:
(1) DOM;
(2) The permittee; or
(3) Any other person granted leave to
				intervene pursuant to
				460:2-1-11.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-7 - Contents of answer

Current through Vol. 41, No. 20, July 1, 2024
An answer to an application for review of a notice of
				  violation or order of cessation shall incorporate:
(1) A statement specifically admitting or
				denying the alleged facts state by the applicant;
(2) A statement of any other relevant
				facts;
(3) A statement of whether
				an evidentiary hearing is requested or waived; 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 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-8 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to Section 786A of the act, the applicant for review
				  of a notice or order and other interested persons shall be given written notice
				  of the time and place of the hearing at least five working days prior
				  thereto.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-9 - Amendments to pleadings

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				application for review of a notice of violation or order of cessation may be
				amended once as a matter of right prior to the filing of an answer and
				thereafter by leave of the hearing examiner upon proper motion.
(b) Upon receipt of an initial or amended
				application for review or subsequent to granting leave to amend, the hearing
				examiner shall issue an order setting a time for filing an amended answer if
				the examiner determines that such an answer is appropriate.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-10 - Failure to state a claim

Current through Vol. 41, No. 20, July 1, 2024
Upon proper motion or after the issuance of an order to show
				  cause by the hearing examiner, a hearing examiner may dismiss at any time an
				  application for review of a notice or order which fails to state a claim upon
				  which administrative relief may be granted.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-11 - Related notices or order

Current through Vol. 41, No. 20, July 1, 2024
(a)
				An applicant for review of a notice or order shall file a copy of any
				subsequent notice or order which modifies, vacates, or terminates the notice or
				order sought to be reviewed within 10 days of receipt.
(b) An applicant for review of a notice shall
				file a copy of an order of cessation for failure to timely abate the violation
				which is the subject of the notice under review within 10 days of receipt of
				such order.
(c) If an applicant for
				review desires to challenge any subsequent notice or order, the applicant must
				file a separate application for review.
(d) Applications for review of related notice
				or orders are subject to consolidation.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 9 - Review of Section 776 and 777 Notices of Violations and Orders of Cessation › Section 460:2-9-12 - Burden of proof in review of Section 776 or Section

Current through Vol. 41, No. 20, July 1, 2024
(a) In review of Section 776 or Section 777
				notices of violation or orders of cessation or the modification, vacation, or
				termination thereof, including expedited review under
				460:2-11-1, DOM shall
				have the burden of going forward to establish a prima facie case as to the
				validity of the notice, order, or modification, vacation, or termination
				thereof.
(b) The ultimate burden of
				persuasion shall rest with the applicant for review.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 11 - Expedited Review of Section 776 or 777 Orders of Cessation › Section 460:2-11-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to govern applications
				  filed under Section 786B of the act for expedited review of orders of cessation
				  for which temporary relief has not been granted under Section 786C or Section
				  787 of the act. If a person is qualified to receive a thirty-day decision under
				  the regulations of this Subchapter, he may waive that right and file an
				  application under
				  460:2-9-5,
				  and the procedures in
				  460:2-9-1 et seq. shall
				  apply. If there is a waiver as set forth in
				  460:2-9-9,
				  the final administrative decision shall be issued within 120 days of the filing
				  of the application.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 11 - Expedited Review of Section 776 or 777 Orders of Cessation › Section 460:2-11-2 - Who may file

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				application for review of an order of cessation may be filed under this
				section, whenever temporary relief has not been granted under Section 786C or
				Section 787 of the act by:
(1) The permittee
				who have been issued an order of cessation under Section 776 or Section 777 of
				the act; or
(2) Any person having
				an interest which is or may be adversely affected by the issuance of an order
				of cessation under Section 776 or Section 777 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 11 - Expedited Review of Section 776 or 777 Orders of Cessation › Section 460:2-11-3 - Where to file

Current through Vol. 41, No. 20, July 1, 2024
An application for expedited review of Section 776 or 777
				  orders of cessation shall be filed with the OHA, 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 11 - Expedited Review of Section 776 or 777 Orders of Cessation › Section 460:2-11-4 - Time for filing

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				person intending to file an application for expedited review under Section 786B
				of the act shall notify the legal counsel for the Department of Mines within 15
				days of the receipt of the order. Any person not served with a copy of the
				order shall file notice of intention to file an application for review within
				20 days of the date of issuance of the order.
(b) Any person filing an application for
				review under
				460:2-11-5
				shall file the application within 30 days of receipt of the order. Any person
				not served with a copy of the order shall file an application for review within
				40 days of the date of issuance of the order.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 11 - Expedited Review of Section 776 or 777 Orders of Cessation › Section 460:2-11-5 - Contents of application

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				person filing an application for expedited review under Section 787B of the act
				shall incorporate in that application regarding each claim for relief:
(1) A statement of facts entitling that
				person to administrative relief;
(2) A request for specific relief;
(3) A statement which delineates each issue
				to be addressed by the applicant during the expedited proceeding;
(4) A copy of the order sought to be
				reviewed;
(5) A list identifying
				each of the applicant's witnesses by name, address, and place of employment,
				including expert witnesses and the area of expertise to which they will address
				themselves at the hearing, and a detailed summary of their testimony;
(6) Copies of all exhibits and other
				documentary evidence that the applicant intends to introduce as evidence at the
				hearing and descriptions of all physical exhibits and evidence which is not
				capable of being copied or attached; and
(7) 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 11 - Expedited Review of Section 776 or 777 Orders of Cessation › Section 460:2-11-6 - Computation of time for decision

Current through Vol. 41, No. 20, July 1, 2024
In computing the 30-day time period for administrative
				  decisions, intermediate Saturdays, Sundays, State and Federal legal holidays,
				  and other nonbusiness days shall be excluded in the
				  computation.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 11 - Expedited Review of Section 776 or 777 Orders of Cessation › Section 460:2-11-7 - Waiver of the 30-day decision requirement

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person qualified to receive 30-day
				decision may waive that right:
(1) By filing
				an application pursuant to Subchapter 9 of this Chapter;
(2) By failing to comply with all the
				requirements of
				460:2-11-5(a);
				or
(3) In accordance with
				460:2-11-8(j).
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 11 - Expedited Review of Section 776 or 777 Orders of Cessation › Section 460:2-11-8 - Procedure if 30-day decision requirement is not waived

Current through Vol. 41, No. 20, July 1, 2024
If the applicant for expedited review of a Section 776 or 777
				  order of cessation does not waive the 30-day decision requirement of Section
				  786B of the act, the following special rules shall apply:
(1) The applicant shall serve all known
				parties with a copy of the application simultaneously with the filing of the
				application with the OHA. If service is accomplished by mail, the applicant
				shall inform all known parties by telephone at the time of mailing that an
				application is being filed and shall inform the hearing examiner by telephone
				that such notice has been given. However, no ex parte communication as to the
				merits of the proceeding may be conducted with the hearing examiner.
(2) Any party desiring to file a response to
				the application for review shall file a written response with 5 working days of
				service of the application.
(3) If
				the applicant has requested a hearing, the hearing examiner shall act
				immediately upon receipt of the application to notify the parties of the time
				and place of the hearing at least 5 working days prior to the
				hearing.
(4) The hearing examiner
				may require the parties to submit proposed findings of fact and conclusions of
				law at the hearing which may be orally supplemented on the record at the
				hearing, or where proposed findings of fact and conclusions of law have not
				been submitted at the hearing, they may be orally presented for the record at
				the hearing.
(5) The hearing
				examiner shall make an initial decision. He shall either rule from the bench on
				the application, orally stating the reasons for his decision or he shall issue
				a written decision. If the hearing examiner makes an oral ruling, his approval
				of the record of the hearing shall constitute his written decision. The
				decision of the hearing examiner must be issued within 15 days of the filing of
				the perfected application under
				460:2-11-5.
(6) If any party desires to appeal to the
				Director, such party shall:
(A) If the hearing
				examiner makes an oral ruling, make an oral statement, within a time period as
				directed by the hearing examiner, that the decision is being appealed and
				request that the hearing examiner certify the record to the Director;
				or
(B) If the hearing examiner
				issues a written decision after the close of the hearing, file a notice of
				appeal with the hearing examiner and with the Director within 2 working days of
				receipt of the hearing examiner's decision.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 13 - Proceedings for Suspension or Revocation of Permits Under Section 778 of the Act › Section 460:2-13-1 - Initiation of proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				proceeding on a show cause order issued by the Department pursuant to Section
				778 of the act shall be initiated by the Department filing a copy of such an
				order with the OHA at the same time the order is issued to the
				permittee.
(b) A show cause order
				filed with the OHA shall set forth:
(1) A list
				of the unwarranted or willful violations which contribute to a pattern of
				violations;
(2) A copy of each
				notice or order which contains one or more of the violations listed as
				contributing to a pattern of violations;
(3) The basis for determining the existence
				of a pattern of violations; and
(4)
				Recommendations whether the permit should be suspended or revoked, including
				the length and terms of a suspension.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 13 - Proceedings for Suspension or Revocation of Permits Under Section 778 of the Act › Section 460:2-13-2 - Answer

Current through Vol. 41, No. 20, July 1, 2024
The permittee shall have 30 days from receipt of a show cause
				  order issued pursuant to Section 778 of the Act within which to file an answer
				  with 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 13 - Proceedings for Suspension or Revocation of Permits Under Section 778 of the Act › Section 460:2-13-3 - Contents of answer

Current through Vol. 41, No. 20, July 1, 2024
The permittee's answer to a show cause order shall contain a
				  statement setting forth:
(1) The
				reasons in detail why a pattern of violations, as described in I DOM/RR Section
				843.13 does not exist or has not existed, including all reasons for contesting:
(A) The fact of any of the violations alleged
				by DOM as constituting a pattern of violations;
(B) The willfulness of such violations;
				or
(C) Whether such violations were
				caused by the unwarranted failure of the permittee.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 13 - Proceedings for Suspension or Revocation of Permits Under Section 778 of the Act › Section 460:2-13-4 - Burden of proof in suspension or revocation

Current through Vol. 41, No. 20, July 1, 2024
In proceedings to suspend or revoke a permit under Section
				  778 of the Act, DOM shall have the burden of going forward to establish a prima
				  facie case for suspension or revocation of the permit. The ultimate burden of
				  persuasion that the permit should not be suspended or revoked shall rest with
				  the permittee.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 13 - Proceedings for Suspension or Revocation of Permits Under Section 778 of the Act › Section 460:2-13-5 - Determination by the hearing examiner

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon a determination by the hearing
				examiner that a pattern of violations exists or has existed, pursuant to I
				DOM/RR Section 843.13(a) (2) or (a) (3), the hearing examiner shall order the
				permit either suspended or revoked. In making such a determination, the hearing
				examiner need not find that all the violations listed in the show cause order
				occurred, but only that sufficient violations occurred to establish a
				pattern.
(b) If the permit is
				suspended, the minimum suspension period shall be 3 working days unless the
				hearing examiner finds that the imposition of the minimum suspension period
				would result in manifest injustice and would not further the purposes of the
				act. Also, the hearing examiner may impose preconditions to be satisfied prior
				to the suspension being lifted.
(c)
				The decision of the hearing examiner shall be issued within 20 days following
				the date the hearing record is closed by the hearing examiner or within 20 days
				of receipt of the answer, if no hearing is necessary.
(d) At any stage of a suspension or
				revocation proceeding being conducted by a hearing examiner, the parties may
				enter into a settlement, subject to the approval 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 13 - Proceedings for Suspension or Revocation of Permits Under Section 778 of the Act › Section 460:2-13-6 - Summary disposition

Current through Vol. 41, No. 20, July 1, 2024
(a) In a
				proceeding for suspension or revocation of a permit under Section 778 of the
				Act where the permittee fails to appear at a hearing, the permittee shall be
				deemed to have waived his right to a hearing and the hearing examiner may
				assume for purposes of the proceeding that:
(1) Each violation listed in order
				occurred;
(2) Such violations were
				caused by the permittee's unwarranted failure or were willfully caused;
				and
(3) A pattern of violations
				exists.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 13 - Proceedings for Suspension or Revocation of Permits Under Section 778 of the Act › Section 460:2-13-7 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Any party in a proceeding for suspension or revocation of a
				  permit under Section 778 of the Act desiring to appeal the decision of the
				  hearing examiner shall have 5 days from receipt of the hearing examiner's
				  decision within which to file a notice of appeal with the Director. The
				  Director shall act immediately to issue an expedited briefing schedule. The
				  decision of the Director shall be issued within 60 days of the date the hearing
				  record is closed by the hearing examiner, or if not hearing is held, within 60
				  days of the date, the answer is filed.
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 460:2-17-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The regulations of this Subchapter contain the procedures for
				  seeking temporary relief under Section 786 review proceedings under the act.
				  The special procedures for seeking temporary relief from an order of cessation
				  are set forth in
				  460:2-17-7.
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 460:2-17-2 - When to file

Current through Vol. 41, No. 20, July 1, 2024
An application for temporary relief may be filed by any party
				  to a proceeding at any time prior to a decision by a 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 17 - Applications for Temporary Relief › Section 460:2-17-3 - Where to file

Current through Vol. 41, No. 20, July 1, 2024
An application for temporary relief shall be filed with the
				  hearing examiner to whom the case has been assigned. If no assignment has been
				  made, the application shall be filed with the OHA, Department of
				  Mines.