Oklahoma Administrative Code (Last Updated: March 11, 2021) |
TITLE 460. Department of Mines |
Chapter 2. Rule of Practice and Procedure for the Coal Reclamation Act of 1979 |
Subchapter 25. Request for Review of Approval or Disapproval of Applications for Permits |
SECTION 460:2-25-6. Status of permit approvals pending review
Latest version.
- The issuance of a permit following Department approval of a permit application shall be stayed during the pendency of any administrative review proceeding resulting from such approval, but only where temporary relief has been requested by a party filing a proper request under 460:2-25-4 and only for the period from the time temporary relief is requested and the decision to grant or deny temporary relief is made under 460:2-25-8. Nothing in the regulations of this Subchapter shall prevent a permittee from filing a request for temporary relief at the time of the issuance of a permit where the permittee has reason to believe that an appeal may be filed with the Department on the issuance of a permit. However, the hearing examiner, pursuant to a request for temporary relief under 460:2-25-8, may, if the requirements of 460:2-25-8(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.