SECTION 460:10-10-7. Administrative review

(a)   General. Within 30 days after an applicant or permitee is notified of the decision of the Department concerning an application for approval of a permit for mining, the applicant, permitee, or any person with and interest which is or may be adversely affected may request a hearing on the reasons for the decision, in accordance with this Section.

(b)   Administrative hearings.

(1)   The person wishing to request administrative review shall submit such request to the Department in writing;

(2)   The hearing shall be on the record and adjudicatory in nature;

(3)   The Department may, under such conditions as it prescribes, grant such temporary relief as it deems appropriate, pending final determination of the proceedings, if:

(A)   All parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;

(B)   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 proceedings;

(C)   The relief sought will not adversely effect the public health or safety, or cause significant, imminent environment harm to land, air, or water resources;

(D)   The relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the Department.

(4)   The hearing shall be conducted in accordance with OAC 460:3-1-5 of the Non-Coal Rules of Practice and Procedures.

[Source: Added at 26 Ok Reg 3002, eff 8-27-09]