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 8. Petitions for Review of Proposed Individual Civil Penalty Assessment |
SECTION 460:2-8-10. Petition for discretionary review
Latest version.
- (a) Any affected party may petition the Department Director to review an order or decision by the Hearing Officer disposing of an individual civil penalty proceeding under section 460:2-8-9 of the is Subchapter.(b) A petition under this section shall be filed on or before 30 days from the date of receipt of the order or decision sought to be reviewed, and the time for filing shall not be extended.(c) A petitioner under this Section shall list the alleged errors of the Hearing Officer and shall attach a copy of the order or decision sought to be reviewed.(d) Any affected party may file with the Director a response to the petition for review within 10 days of receipt of a copy of such petition.(e) Not later than 30 days from the filing of a petition for review under this section, the Director shall grant or deny the petition in whole or in part.(f) If the petition for review is granted the rules in Sections 2-19-4 through 2-19-7 of this Chapter are applicable. If the petition is denied, the decision of the Hearing Officer is final subject to 460:2-1-3.(g) Payment of a penalty is due in accordance with 460:2-63-6 of this Chapter.