The rules in R645-300-200 present the procedures for
performing the entitled activities.
210. Administrative Review.
211. General. Within 30 days after an
applicant or permittee is notified of the decision of the Division concerning a
determination made under R645-106, an application for approval of exploration
required under R645-200, a permit for coal mining and reclamation operations, a
permit change, a permit renewal, or a transfer, assignment, or sale of permit
rights, the applicant, permittee, or any person with an interest which is or
may be adversely affected may request a hearing on the reasons for the
decision, in accordance with R645-300-200.
212.100. The Board will start the
administrative hearing within 30 days of such request. The hearing will be on
the record and adjudicatory in nature. No person who presided at an informal
conference under R645-300-123 will either preside at the hearing or participate
in the decision following the hearing or administrative appeal.
212.200. The Board may, under such conditions
as it prescribes, grant such temporary relief as it deems appropriate, pending
final determination of the proceeding, if:
212.210. All parties to the proceeding have
been notified and given an opportunity to be heard on a request for temporary
212.220. The person
requesting that relief shows that there is a substantial likelihood that he or
she will prevail on the merits of the final determination of the
212.230. The relief
sought will not adversely affect the public health or safety, or cause
significant, imminent environmental harm to land, air, or water resources;
212.240. The relief sought is
not the issuance of a permit where a permit has been denied, in whole or in
part, by the Division except that continuation under an existing permit may be
allowed where the operation has a valid permit issued under
of the Act.
212.300. The hearing
will be conducted by the Board under the terms of the R641 Rules, including the
requirement that there be no ex parte contact between the Board and
representatives of parties appearing before the Board.
212.400. Within 30 days after the close of
the record, the Board will issue and furnish the applicant and each person who
participated in the hearing with the written findings of fact, conclusions of
law, and order of the Board with respect to the appeal of the
General. Any applicant
or any person with an interest which is or may be adversely affected and who
has participated in the administrative hearings as an objector may appeal as
provided in R645-300-222 or R645-300-223 if:
221.100. The applicant or person is aggrieved
by the decision of the Board in the administrative hearing conducted pursuant
to R645-300-200; or
Board during administrative review under R645-300-200 fails to act within
applicable time limits specified in the State Program.
222. State Program. Action of the Division or
Board will be subject to judicial review by a court of competent jurisdiction,
as provided for in the State Program, but the availability of such review will
not be construed to limit the operation of the rights established in
of the Act.
223. Federal Lands
Program. The action of the Division or Board is subject to judicial review by
the United States District Court for the district in which the coal exploration
or coal mining and reclamation operation is or would be located, in the time
and manner provided for in Section 526(a)(2) and (b) of the Federal Act. The
availability of such review will not be considered to limit the operations of
rights established in Section 520 of the Federal Act.