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 35 - Request for Review Concerning Permit Modification Orders, and Applications for Permit Revisions, Renewals, and the Transfer, Assignment, or Sale of Rights Granted Under Permits › Section 460:2-35-3 - When to file

Current through Vol. 41, No. 20, July 1, 2024
(a) A request
				for review pursuant to this Chapter shall be filed within 30 days of receipt of
				the copy of the Department's written order or decision.
(b) Any person not served with a copy of the
				Department's written order or decision shall file the request for review within
				40 days of the date of the issuance of the written order or decision.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 35 - Request for Review Concerning Permit Modification Orders, and Applications for Permit Revisions, Renewals, and the Transfer, Assignment, or Sale of Rights Granted Under Permits › Section 460:2-35-4 - Contents of request

Current through Vol. 41, No. 20, July 1, 2024
A request for review pursuant to this Chapter shall
				  include:
(1) A clear statement of the
				facts entitling that person to administrative relief;
(2) An explanation of the alleged errors in
				the Department's decision;
(3) A
				request for specific relief;
(4) A
				statement whether the person requests or waives the opportunity for an
				evidentiary hearing; and
(5) Any
				other relevant information.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 35 - Request for Review Concerning Permit Modification Orders, and Applications for Permit Revisions, Renewals, and the Transfer, Assignment, or Sale of Rights Granted Under Permits › Section 460:2-35-5 - Time for hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				hearing examiner shall hold a hearing within 30 days of the date of the filing
				of the request for review of the approval or disapproval of a permit revision
				or permit renewal and shall notify all interested parties of the time and place
				of such hearing.
(b) The hearing
				examiner shall act expeditiously to order a hearing on a request for review of
				a permit modification order or the approval or disapproval of the transfer,
				assignment or sale of rights granted under a permit.
(c) The hearing examiner may grant an
				extension of time for the hearing only if all parties to the hearing agree to
				such extension.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 35 - Request for Review Concerning Permit Modification Orders, and Applications for Permit Revisions, Renewals, and the Transfer, Assignment, or Sale of Rights Granted Under Permits › Section 460:2-35-6 - Status of the Department order or decision pending review

Current through Vol. 41, No. 20, July 1, 2024
(a) The terms and
				effect of a permit modification order shall be stayed during the pendency of
				any administrative review proceeding resulting from that order.
(b) The issuance of a permit following
				Department approval of applications for permit revisions or permit renewals, or
				the approval of an application for the transfer, assignment, or sale of rights
				granted under permits, shall be stayed during the pendency of any
				administrative proceeding resulting from such approval. However, the hearing
				examiner, pursuant to a request for temporary relief under
				460:2-35-8,
				may, if the requirements of
				460:2-35-8(e)
				are met, dissolve the stay and provide that the Department's approval or any
				part of it shall be in full force and effect immediately.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 35 - Request for Review Concerning Permit Modification Orders, and Applications for Permit Revisions, Renewals, and the Transfer, Assignment, or Sale of Rights Granted Under Permits › Section 460:2-35-7 - Burden of proof

Current through Vol. 41, No. 20, July 1, 2024
(a) In
				proceedings involving permit modification orders, the Department shall have the
				burden of going forward to establish a prima facie case. The ultimate burden of
				persuasion shall rest with the person seeking review of the order.
(b) In proceedings involving permit renewal
				decisions, those parties opposing renewal shall have the burden of going
				forward to establish a prima facie case and the ultimate burden of persuasion
				that the renewal application should be disapproved.
(c) In proceedings involving decisions on
				applications for permit revisions and on applications for the transfer,
				assignment, or sale of rights granted under permits:
(1) If the applicant is seeking review, the
				Department shall have the burden of going forward to establish a prima facie
				case as to the failure of the applicant to comply with the applicable
				requirements of the act, and the applicant seeking review shall have the
				ultimate burden of persuasion as to entitlement to approval of the
				application.
(2) If any other
				person is seeking review, that person shall have the burden of going forward to
				establish a prima facie case and the ultimate burden of persuasion that the
				application fails in some manner to comply with the applicable requirements of
				the act and the regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 35 - Request for Review Concerning Permit Modification Orders, and Applications for Permit Revisions, Renewals, and the Transfer, Assignment, or Sale of Rights Granted Under Permits › Section 460:2-35-8 - Request for temporary relief

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Where review is requested pursuant to
				460:2-35-2,
				any party may file a request for temporary relief at any time prior to a
				decision by the hearing examiner, so long as the relief sought is not the
				issuance of a permit where an application has been disapproved, in whole or in
				part.
(b) The request 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.
(c) The
				application shall include:
(1) A detailed
				written statement setting forth the reasons why relief should be
				granted;
(2) A statement of the
				specific relief requested;
(3) A
				showing that there is a substantial likelihood that the person seeding relief
				will prevail on the merits of the final determination of the proceedings;
				and
(4) A showing that the relief
				sought will not adversely affect the public health or safety or cause
				significant imminent environmental harm to land, air, or water
				resources.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 35 - Request for Review Concerning Permit Modification Orders, and Applications for Permit Revisions, Renewals, and the Transfer, Assignment, or Sale of Rights Granted Under Permits › Section 460:2-35-9 - Determination by the hearing examiner

Current through Vol. 41, No. 20, July 1, 2024
(a) The hearing examiner shall issue a
				written determination on a request for review of a permit revision or permit
				renewal decision within 10 days of the date the hearing record is closed by the
				hearing examiner.
(b) The hearing
				examiner shall act expeditiously to issue a written decision on a request for
				review of a permit modification order or a decision on an application for the
				transfer, assignment, or sale of rights granted under a permit.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 35 - Request for Review Concerning Permit Modification Orders, and Applications for Permit Revisions, Renewals, and the Transfer, Assignment, or Sale of Rights Granted Under Permits › Section 460:2-35-10 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party
				aggrieved by the decision of the hearing examiner on a request for review of a
				permit revision or permit renewal decision shall have 2 working days from
				receipt of the decision within which to file a notice of appeal with the
				Director. A copy of the notice of appeal must simultaneously be filed with the
				hearing examiner.
(1) The Director shall act
				immediately to issue an expedited briefing schedule.
(2) The decision of the Director shall be
				issued within 30 days of the dated the hearing record is closed by the hearing
				examiner.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 37 - Request for Review of Approval or Disapproval of a Coal Exploration Application › Section 460:2-37-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the procedures for obtaining
				  formal review, pursuant to I DOM/RR, Part 776, of a decision by the Department
				  to approve or disapprove a coal exploration application, 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 37 - Request for Review of Approval or Disapproval of a Coal Exploration Application › Section 460:2-37-2 - Who may file

Current through Vol. 41, No. 20, July 1, 2024
An applicant or any person having an interest which is or may
				  be adversely affected by a decision of the Department to approve or disapprove
				  a coal exploration application, in whole or in part, may file a request of
				  review of that decision.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 37 - Request for Review of Approval or Disapproval of a Coal Exploration Application › Section 460:2-37-3 - Where to file; when to file

Current through Vol. 41, No. 20, July 1, 2024
(a) A request for review shall be filed with
				the OHA, Department of Mines, within 30 days of receipt of the Department's
				written decision approving or disapproving the coal exploration
				application.
(b) Any person not
				served with a copy of the Department's written decision shall file the request
				for review within 40 days of the date of issuance of the written
				decision.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 37 - Request for Review of Approval or Disapproval of a Coal Exploration Application › Section 460:2-37-4 - Contents of request

Current through Vol. 41, No. 20, July 1, 2024
A request for review of the approval or disapproval of a coal
				  exploration application shall include:
(1) A clear statement of the facts entitling
				that person to administrative relief;
(2) An explanation of the alleged errors in
				the Department's decision;
(3) A
				request for specific relief;
(4) A
				statement whether the person requests or waives the opportunity for an
				evidentiary hearing; and
(5) Any
				other relevant information.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 37 - Request for Review of Approval or Disapproval of a Coal Exploration Application › Section 460:2-37-5 - Status of approvals pending review

Current through Vol. 41, No. 20, July 1, 2024
The approval of a coal exploration application shall be
				  stayed during the pendency of an administrative review proceeding resulting
				  from such approval.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 37 - Request for Review of Approval or Disapproval of a Coal Exploration Application › Section 460:2-37-6 - Burden of proof

Current through Vol. 41, No. 20, July 1, 2024
(a) If a coal
				exploration applicant is seeking review, the Department shall have the burden
				of going forward to establish a prima facie case as to the failure to comply
				with the applicable requirements of the act and regulations, and the ultimate
				burden of persuasion as to the entitlement to the approval rests with the
				applicant.
(b) If any other person
				is seeking review, that person shall have the burden of going forward to
				establish a prima facie case and the ultimate burden of persuasion that the
				application fails in some manner to comply with the applicable requirements of
				the act and regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 37 - Request for Review of Approval or Disapproval of a Coal Exploration Application › Section 460:2-37-7 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Any party aggrieved by the decision of the hearing examiner
				  in this Chapter may appeal to the Director under
				  460:2-19-2.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 39 - Rulemaking › Section 460:2-39-1 - Petitions requesting promulgation, amendment, or repeal of a rule or regulation

Current through Vol. 41, No. 20, July 1, 2024
Any person may petition the Department requesting the
				  promulgation, amendment, or repeal of a Department rule or regulation. All
				  petitions submitted must contain the following information.
(1) All petitions must be submitted in
				typewritten or legible printed form.
(2) All petitions must clearly identify the
				party(s) submitting such petition and must include a statement reflecting the
				interest of the party(s) in submitting such petition.
(3) All petitions must clearly state that the
				petition is for the promulgation of a new rule, the amendment of an existing
				rule, or the repeal of an existing rule, or, separately, any combination of the
				above. In the instance of a requested amendment to any existing rule(s), a
				complete text of the existing rule language requested for change or deletion
				and/or such language as may be requested to be added must be specified. In the
				instance of a requested repeal of any rule(s), the petition must state the
				complete rule(s) requested for repeal.
(4) All petitions must clearly and separately
				state the factual basis and reasons, legal grounds, and technical justification
				for each requested rule promulgation, amendment, or repeal, and shall indicate
				whether petitioner desires a public hearing. Any and all supporting documents,
				records, statistics, studies, or information must be submitted with the
				petition.
(5) All petitions must be
				duly signed and endorsed by all petitioning parties, or their legal
				representatives, and such signatures and endorsement must be duly acknowledged
				by notary.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 39 - Rulemaking › Section 460:2-39-2 - Referral

Current through Vol. 41, No. 20, July 1, 2024
All petitions requesting the promulgation, amendment, or
				  repeal of any Department rule, as provided by this Subchapter, shall be
				  referred to the Department for review an consideration. The Department shall
				  initially determine if the petition is in adequate and proper form. If
				  determined not to be in proper form. If determined not to be in proper and
				  adequate form, the Department shall thereupon return the petition to the
				  petitioning party for correction and resubmission.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 39 - Rulemaking › Section 460:2-39-3 - Department determination

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of a petition requesting the promulgation,
				  amendment, or repeal of a rule, the Chief Mine Inspector shall determine if the
				  petition sets forth facts, technical justification, and law which may provide a
				  reasonable basis for issuance, amendment, or repeal of a regulation. Facts,
				  technical justification, or law previously considered in a petition for
				  rulemaking on the same issue shall not provide a reasonable basis. If the Chief
				  Mine Inspector determines that the petition has a reasonable basis, a notice
				  shall be published in the Oklahoma Gazette seeking comments from the public on
				  the proposed change. The Department may hold a public hearing, may conduct an
				  investigation, or take other action to determine whether the petition should 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 39 - Rulemaking › Section 460:2-39-4 - Opportunity for argument

Current through Vol. 41, No. 20, July 1, 2024
Before making final determination, the requesting party shall
				  be allowed reasonable opportunity for argument, written and/or oral, in support
				  of a petition before the Department requesting the promulgation, amendment or
				  repeal of a rule. In making its final determination on the petition, the
				  Department may, in its discretion, resort to either of the following
				  nonexclusive actions or proceedings (or any combination thereof):
(1) For good and sufficient cause, summarily
				grant or deny the petition; or
(2)
				Refer the request to staff for additional review, consideration, and
				recommendation prior to a determination thereon by 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 39 - Rulemaking › Section 460:2-39-5 - Department decision

Current through Vol. 41, No. 20, July 1, 2024
Within 90 days from receipt of a petition requesting the
				  promulgation, amendment, or repeal of a rule, the Department shall issue a
				  written decision either granting or denying the petition. The Chief Mine
				  Inspectors decision shall constitute the final decision for the
				  Department.
(1) If the petition is
				granted, the Chief Mine Inspector shall initiate a rulemaking
				proceeding.
(2) If the petition is
				denied, the Chief Mine Inspector shall notify the petitioner in writing,
				setting forth the reason for denial.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 39 - Rulemaking › Section 460:2-39-6 - Application of Administrative Procedures Act

Current through Vol. 41, No. 20, July 1, 2024
Should any petition for promulgation, amendment, or repeal of
				  a rule be granted by the Department, in whole or in part, the petition as
				  granted shall thereafter be treated as in the case of all rulemaking and the
				  procedures of the Administrative Procedures Act shall thereupon become
				  applicable in the further adoption of such rule promulgation, amendment, or
				  repeal.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the procedures for a hearing
				  pursuant to I DOM/RR Section 764.17 for petitions to designate lands unsuitable
				  for all or certain types of surface coal mining operations and for terminating
				  designations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-2 - Parties

Current through Vol. 41, No. 20, July 1, 2024
A petitioner(s) for the designation of land as unsuitable for
				  surface coal mining shall be considered statutory parties. Any other person
				  claiming a right to participate as a party may seek to intervene in a
				  proceeding by filing allegations of facts, supporting evidence, a short
				  statement identifying the petition to which the allegations pertain, and the
				  intervenor's name, address, and telephone number. Persons with an ownership
				  interest of record in the property and other persons known to the Department to
				  have an interest in the property and other persons known to the Department to
				  have an interest in the property shall be parties. Any interested local, state,
				  or federal agency, including OSM and EPA, shall have the right to intervene as
				  parties.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-3 - Hearing site

Current through Vol. 41, No. 20, July 1, 2024
The Department shall hold a public hearing in the locality of
				  the area covered by a petition to designate land unsuitable for surface coal
				  mining, unless all parties agree to a different site.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-4 - Time for intervention

Current through Vol. 41, No. 20, July 1, 2024
Until three days before the Department holds a hearing under
				  I DOM/RR Section 764.17, any person may intervene in the
				  proceedings.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-5 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department shall give notice of a hearing for a petition to designate land
				unsuitable for surface coal mining, including the time, date, and location by
				certified mail postmarked not less than 30 days before the date to:
(1) Local, state, and federal agencies which
				may have an interest in the decision on the petition;
(2) All petitioners and the intervenors;
				and
(3) Any person with an
				ownership or other interest known to the Department in the area covered by 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 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-6 - Date of the hearing

Current through Vol. 41, No. 20, July 1, 2024
The Department shall hold a public hearing within ten months
				  after receipt of a complete petition to designate land unsuitable for surface
				  coal mining.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-7 - Dismissal of proceedings

Current through Vol. 41, No. 20, July 1, 2024
If all petitioners and intervenors agree, a hearing for a
				  petition to designate land unsuitable for surface coal mining may be dismissed
				  ant any time. Motions for dismissal shall be in writing unless made orally in
				  the record.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-8 - Consolidation of proceedings

Current through Vol. 41, No. 20, July 1, 2024
The Department may consolidate in a single hearing the
				  hearings required for each of several petitions to designate lands unsuitable
				  for surface coal mining which are related to areas in the same
				  locale.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-9 - Withdrawal of petition

Current through Vol. 41, No. 20, July 1, 2024
In the event all petitioners and intervenors stipulate
				  agreement prior to a hearing for a petition to designate land unsuitable for
				  surface coal mining, the petition may be withdrawn from consideration and the
				  hearing not held.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-10 - Decision

Current through Vol. 41, No. 20, July 1, 2024
The Department shall use the following criteria in reaching
				  its decision in a petition to designate land unsuitable for surface coal
				  mining:
(1) The information contained
				in the data base and inventory system for lands unsuitable as required in I
				DOM/RR Section 764.21;
(2)
				Information provided by other governmental agencies;
(3) The detailed statement prepared under I
				DOM/RR Section 764.17(e), which includes:
(A)
				Use of existing and available information on the potential coal resources of
				the area;
(B) The demand for coal
				resources;
(C) The impact of such
				designation on the environment, economy, and the supply of coal.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-11 - Time to issue decision

Current through Vol. 41, No. 20, July 1, 2024
The Department shall issue its final written decision,
				  including a statement of reasons, within 60 days of completion of a public
				  hearing for a petition to designate land unsuitable for surface coal mining,
				  or, if no public hearing is held, then within 12 months after receipt of the
				  complete petition.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-12 - Notice of final decision

Current through Vol. 41, No. 20, July 1, 2024
The Department shall give notice of its final decision in
				  this Chapter by sending a copy of the final decision by certified mail to all
				  petitioners, every other party to the proceeding, and to the state director of
				  OSM.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 41 - Hearing Procedures for Lands Unsuitable Petitions › Section 460:2-41-13 - Judicial review

Current through Vol. 41, No. 20, July 1, 2024
The decision of the Department with respect to a petition to
				  designate land unsuitable for surface coal mining, or the failure of the
				  Department to act within the time limits set forth in I DOM/RR Section 764.19
				  shall be subject to judicial review by a court of competent jurisdiction in
				  accordance with the act and I DOM/RR Section 787.12.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 2 - Rules of Practice and Procedure for the Coal Reclamation Act of 1979 › Subchapter 43 - Computation of Time › Section 460:2-43-1 - Computation of Time

Current through Vol. 41, No. 20, July 1, 2024
Except as otherwise provided in the regulations of this
				  Subchapter, computation of time is based upon the following:
(1) Except as otherwise provided, computation
				of time is based upon calendar days.
(2) In computing any period of prescribed
				time, the day on which the designated period of time begins is not included.
				The last day of the period is included unless it is a Saturday, Sunday, or
				legal holiday on which the Department is not open for business, in which event
				the period runs until the end of the next day which is not a Saturday, Sunday,
				or legal holiday.
(3) Intermediate
				Saturdays, Sundays, or legal holidays are excluded from the computation when
				the period or prescribed time is seven days or less.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 1 - General Provisions › Section 460:3-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to ensure public access to the
				  administrative legal process and to ensure due process of law to the citizens
				  of the state of Oklahoma.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 1 - General Provisions › Section 460:3-1-3 - Method of operation

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department of Mines may exercise its official powers at any location in the State of Oklahoma.
(b) When computing time, the following shall apply:
(1) Except as otherwise provided, computation of time is based on calendar days.
(2) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday or legal holiday on which the Department is not open for business, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.
(3) Intermediate Saturdays, Sundays and legal holidays are excluded from the computation when the period or prescribed time is seven (7) days or less.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 1 - General Provisions › Section 460:3-1-4 - Petition requesting promulgation, amendment or repeal of a rule or organization

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				interested person may petition the Department requesting the promulgation,
				amendment, or repeal of a Department rule, provided, in submitting such
				petition, the following requirements shall apply:
(1) All petitions must be submitted in
				typewritten or legible printed form.
(2) All petitions must clearly identify the
				party(s) submitting such petition and must include a statement reflecting the
				interest of the party(s) in submitting such petition, i.e., a showing that such
				petition is being submitted by an "interested person ."
(3) All petitions must clearly state that the
				petition is for the promulgation of a new rule, for the amendment of an
				existing rule or for the repeal of an existing rule, or, separately, any
				combination of the above. In the instance of a requested amendment to an
				existing rule(s), a complete text of the existing rule language requested for
				change or deletion and/or such language as may be requested to be added must be
				specified. In the instance of a requested repeal of any rule(s), the petition
				must state the complete rule(s) requested for repeal.
(4) All petitions must clearly and separately
				state the factual basis and reasons, legal grounds and technical justification
				for each requested rule promulgation, amendment or repeal and shall indicate
				whether petitioner desires a public hearing. Any and all supporting documents,
				records, statistics, studies or information must be submitted with the
				petition.
(5) All petitions must be
				duly signed and endorsed by all petitioning parties, or their legal
				representatives, and such signatures and endorsement must be duly acknowledged
				by notary.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 1 - General Provisions › Section 460:3-1-6 - 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 3 - Non-Coal Rules of Practice and Procedures › Subchapter 5 - Proceeding for Suspension or Revocation of Permits Under the Mining Lands Reclamation Act › Section 460:3-5-1 - Scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter sets forth the procedures for obtaining
				  formal administrative review of the Departments Order to Show Cause to suspend
				  or revoke a permit pursuant to 45 O.S. Section 728(D), 732(b), and 736
				  .
Added at 21 Ok Reg 2973,
				  eff 7-26-04
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 5 - Proceeding for Suspension or Revocation of Permits Under the Mining Lands Reclamation Act › Section 460:3-5-2 - Initiation of proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Department shall determine if a permit shall be suspended or revoked for
				failure to comply with the Act, the permit, or the mining requirements and
				shall issue a Show Cause Order as to why the subject permit should not be
				suspended or revoked.
(b) A Show
				Cause Order shall set forth:
(1) A list of
				the violations upon which said Show Cause Order is based;
(2) A copy of each notice or order which
				contains one or more of the violations upon which the said Show Cause Order is
				based;
(3) A Finding as to whether
				the permit should be suspended or revoked, including the length and terms of
				suspension.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 5 - Proceeding for Suspension or Revocation of Permits Under the Mining Lands Reclamation Act › Section 460:3-5-3 - Answer

Current through Vol. 41, No. 20, July 1, 2024
The permitee shall have 20 days from receipt of a Show Cause
				  Order issued pursuant to this Subchapter in which to file an answer with the
				  Department.
Added at 21 Ok Reg 2973,
				  eff 7-26-04
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 5 - Proceeding for Suspension or Revocation of Permits Under the Mining Lands Reclamation Act › Section 460:3-5-4 - Content 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 the Department should not suspend or revoke said permit
				and all reasons for contesting said order, including the permittee's dispute of
				all fact of the violations alleged by the Department;
(2) All mitigating factors the permittee
				believes exist in determining the Department's basis for revocation or
				suspension, or the terms of suspension;
(3) Any other alleged relevant facts;
				and
(4) Whether a hearing on the
				Show Cause Order is desired.
Added at 21 Ok Reg 2973,
				  eff 7-26-04
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 5 - Proceeding for Suspension or Revocation of Permits Under the Mining Lands Reclamation Act › Section 460:3-5-5 - Burden of proof in suspension or revocation

Current through Vol. 41, No. 20, July 1, 2024
In proceeding to suspend or revoke a permit under this
				  Subchapter, the Department 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.
Added at 21 Ok Reg 2973,
				  eff 7-26-04
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 5 - Proceeding for Suspension or Revocation of Permits Under the Mining Lands Reclamation Act › Section 460:3-5-6 - Determination by the hearing examiner

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon a determination by the hearing
				examiner that a permit shall be revoked or suspended, 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 the basis for suspension or revocation.
(b) If the permit is suspended, the amount of
				time for which the permit is suspended shall be determined by the Department as
				contained within the Show Cause Order. A suspension of indefinite period may be
				imposed by the hearing examiner as contained within the Show Cause Order, so
				long as such suspension furthers the purpose of the Act.
(c) The decision of the hearing examiner
				shall be issued within a reasonable time frame 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 requested.
(d) At any stage of a suspension or
				revocation proceeding being conducted by a hearing examiner, the parties may
				enter into a settlement agreement, subject to the approval of the
				Director.
Added at 21 Ok Reg 2973,
				  eff 7-26-04
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 5 - Proceeding for Suspension or Revocation of Permits Under the Mining Lands Reclamation Act › Section 460:3-5-7 - Summary disposition

Current through Vol. 41, No. 20, July 1, 2024
(a) In a
				proceeding for suspension or revocation of a permit under this Subchapter,
				where the permittee fails to appear at a hearing, the permittee shall be deemed
				to have waived its rights to a hearing and the hearing examiner may assume for
				the purpose of the proceeding that:
(1) Each
				violation listed in the Show Cause Order occurred;
(2) Such violations were caused by the
				permittee; and
(3) Nothing herein
				shall authorize a permitee to dispute the fact of the violations and orders
				contained within the Show Cause Order, so long as said violations or orders
				have become final.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 3 - Non-Coal Rules of Practice and Procedures › Subchapter 5 - Proceeding for Suspension or Revocation of Permits Under the Mining Lands Reclamation Act › Section 460:3-5-8 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Any party to a proceeding for suspension or revocation of a
				  permit under this Subchapter, may appeal the final order of the Director in
				  accordance with judicial review pursuant to the Oklahoma Administrative
				  Procedures Act, 75 O.S. Section 308, et seq.
Added at 21 Ok Reg 2973,
				  eff 7-26-04
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 1 - General Provisions › Section 460:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The regulations of this Chapter establish the procedure
				  through which the Chief Mine Inspector of the State of Oklahoma will implement
				  Title 45 O.S. (1981), Section 1 et seq. (excepting 45 O.S. 1981, Sec. 742.1 et
				  seq. The Coal Reclamation Act of 1979).
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 1 - General Provisions › Section 460:10-1-2 - Objective

Current through Vol. 41, No. 20, July 1, 2024
The objective of this Chapter is to fulfill the purposes of
				  45 O.S. (1981), Section 1 et seq. in a manner which is consistent with the
				  language of the Title, its legislative history, other applicable laws, and
				  judicial interpretations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 1 - General Provisions › Section 460:10-1-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Chief Mine Inspector is authorized to administer the
				  requirements of 45 O.S. (1981), Section 732, except authority which may be
				  retained by other state agencies to enforce State Laws and Regulations which
				  are not inconsistent with 45 O.S. (1981), Section 721 et seq., and the
				  regulations of this Chapter.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 1 - General Provisions › Section 460:10-1-6 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
Chapter 10 applies to all non-coal surface mining and
				  reclamation operations, except:
(1)
				The extraction of non-coal minerals by a landowner for his or her own
				non-commercial use from land owned or leased by him or her. Noncommercial use
				does not include the extraction of non-coal minerals by one unit of an
				integrated company or other business or nonprofit entity which uses an
				integrated company or other business or nonprofit entity which uses the
				Non-Coal minerals in its own manufacturing or power plants;
(2) The extraction of non-coal minerals as an
				incidental part of Federal, State, or local government-financed highway or
				other construction in accordance with Subchapter 5 of this Chapter;
(3) The extraction of non-coal minerals
				incidental to the extraction of coal;
(4) The extraction of non-coal minerals on
				Indian lands.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 1 - General Provisions › Section 460:10-1-7 - Petitions to initiate rulemaking

Current through Vol. 41, No. 20, July 1, 2024
(a) Any interested person may petition the
				Director of the Department of Mines to initiate a proceeding for the issuance,
				amendment, or repeal of any regulation under this Chapter. The petition shall
				be submitted to the , Director of the Oklahoma Department of Mines, 2915 N.
				Classen Blvd., Suite 213, Oklahoma City, Oklahoma 73106.
(b) The petition shall be a concise statement
				of the facts, technical justification, and law which require issuance,
				amendments, or repeal of a regulation under this Chapter and shall indicate
				whether the petitioner desires a public hearing.
(c) Upon receipt of the petition, the
				Director shall determine if the petition sets forth facts, technical
				justification, and law which may provide a reasonable basis for issuance,
				amendment, or repeal of a regulation. Facts, technical justification, or law
				previously considered in a petition or rule-making on the same issue shall not
				provide a reasonable basis. If the Director determines that the petition has a
				reasonable basis, a notice may be published in the Daily Oklahoman and or the
				Tulsa World seeking comments from the public on the proposed change. The
				Department may hold a public hearing, may conduct an investigation, or take
				other action to determine whether the petition should be granted.
(d) The Director's decision shall constitute
				the final decision for the Department.
(1) If
				the petition is granted, the Director shall initiate a rulemaking
				proceeding.
(2) If the petition is
				denied, the Department shall notify the petitioner in writing.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 1 - General Provisions › Section 460:10-1-8 - Availability of records

Current through Vol. 41, No. 20, July 1, 2024
Records required by this Chapter to be made available to the
				  public shall be retained at the offices of the Oklahoma Department of Mines,
				  2915 N. Classen Blvd., Suite 213, Oklahoma City, Oklahoma
				  73106.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 1 - General Provisions › Section 460:10-1-9 - Computation of time

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Except as otherwise provided, computation of time is based on calendar
				days.
(b) In computing any period
				of prescribed time, the day on which the designated period of time begins is
				not included. The last day of the period is included unless it is a Saturday,
				Sunday or legal holiday on which the Department is not open for business, in
				which event the period runs until the end of the next day which is not a
				Saturday, Sunday or legal holiday.
(c) Intermediate Saturday, Sunday and legal
				holidays are excluded from the computation when the period or prescribed time
				is seven days or less.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 3 - Regulatory Program › Section 460:10-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter provides general introductory material for
				  the regulatory program required by Title 45 of the Oklahoma
				  Statutes.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 3 - Regulatory Program › Section 460:10-3-2 - Objective

Current through Vol. 41, No. 20, July 1, 2024
The regulations in this Subchapter give a general overview of
				  the regulatory program to be implemented by the Department of Mines, the
				  applicability of that program to Non-Coal surface mining and reclamation
				  operations, and the definitions that apply to the regulation of non-coal
				  surface mining and reclamation operations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 3 - Regulatory Program › Section 460:10-3-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Mines is required by
				  Oklahoma Statutes Title 45 to promulgate rules and
				  regulations.
Oklahoma Administrative Code › Title 460 - Department of Mines › Chapter 10 - Non-Coal Rules and Regulations › Subchapter 3 - Regulatory Program › Section 460:10-3-4 - Responsibility

Current through Vol. 41, No. 20, July 1, 2024
The State Department of Mines shall assume primary
				  responsibility for the regulation of non-coal surface mining and reclamation
				  operations during the regulatory program meeting all applicable requirements of
				  45 O.S. (1981), Section 721 et seq. and this Chapter. The State Department of
				  Mines has responsibility for review and decisions on permits and bonding for
				  Non-Coal surface mining and reclamation operations for compliance with 45 O.S.
				  (1981), Section 721 et seq., this Chapter, permits, approvals and for
				  enforcement of the State program.