Virginia Administrative Code › Title 4 - CONSERVATION AND NATURAL RESOURCES › Agency 25 - DEPARTMENT OF ENERGY › Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS › Part 843 - Enforcement Procedures › Section 4VAC25-130-843.16 - Formal review of citations

Current through Register Vol. 40, No. 24, July 15, 2024
(a)
				  A person issued a notice of violation or cessation order under
				  4VAC25-130-843.11 or 4VAC25-130-843.12, or a person having an interest which is
				  or may be adversely affected by the issuance, modification, vacation, or
				  termination of a notice or order may request review of that action by filing an
				  application for formal review and request for hearing, under § 45.2-1025
				  of the Act, within 30 days after receiving notice of the action. A person may
				  also request formal review of the decision rendered under 4VAC25-130-843.15, if
				  the request is submitted within 15 days of receipt of the informal public
				  hearing decision.
(b) The filing of
				  an application for review and request for a hearing under this section shall
				  not operate as a stay of any notice or order, or of any modification,
				  termination, or vacation of either.
(c) Hearings under subsection (a) of this
				  section shall be conducted by a hearing officer appointed by the director.
				  Within 30 days after the close of the record, the hearing officer shall issue a
				  written decision affirming, modifying, terminating, or vacating the notice or
				  order. The decision shall be final, subject to the review and reconsideration
				  by the director or his designee provided in subsection (d) of this
				  section.
(d) Within 14 days after
				  the issuance of a decision the permittee, or any person who participated in the
				  hearing and who has an interest which is or may be adversely affected by the
				  hearing officer's decision, may appeal to the director or his designee for
				  review of the record and reconsideration of the hearing officer's decision. The
				  director or his designee may also, on his own motion, with notice to the
				  parties, made within 14 days of the hearing officer's decision, review the
				  record and reconsider the hearing officer's decision. No further evidence will
				  be allowed in connection with such review and reconsideration but the director
				  or his designee may hear further arguments and may also, after considering the
				  record remand any case for further hearing if he considers such action
				  necessary to develop the facts. Within 30 days of the appeal or motion for
				  review and reconsideration, the director or his designee shall complete his
				  review of the hearing officer's decision and issue a final decision
				  thereon.
(e) All requests for
				  hearing before a hearing officer, or appeals for review and reconsideration,
				  made under this section, and all notices of appeal for judicial review of a
				  hearing officer's final decision, or a final decision on review and
				  reconsideration, shall be filed with the Director, Division of Mined Land
				  Repurposing, Department of Energy, 3405 Mountain Empire Road, Big Stone Gap,
				  Virginia 24219.
Statutory Authority: § 45.2-103 of the Code of
						Virginia.