SECTION 460:20-15-10.1. Suspension or rescission requirements for improvidently issued permits

(a)   Except as provided in paragraph (b) of this Section, the Department must suspend or rescind the permit upon expiration of the time specified in Section 460:20-15-9.2(b) or (c) in this Subchapter unless permittee submits evidence and the Department finds that:

(1)   The violation has been abated or corrected to the satisfaction of the agency with jurisdiction over the violation;

(2)   The permittee or its operator no longer owns or controls the relevant operation;

(3)   The Department's finding for suspension or rescission was in error;

(4)   The violation is the subject of a good faith administrative or judicial appeal (unless there is an initial judicial decision affirming the violation, and that decision remains in force);

(5)   The violation is the subject of an abatement plan or payment schedule that is being met to the satisfaction of the agency with jurisdiction over the violation; or

(6)   The permittee is pursuing a good faith challenge or administrative or judicial appeal of the relevant ownership or control listing or finding (unless there is an initial judicial decision affirming the listing or finding, and that decision remains in force).

(b)   If the permittee has requested administrative review of a notice of proposed suspension or rescission under Section 460:20-15-9.2(e) of this Subchapter, the Department will not suspend or rescind the permit unless and until the Department's Decision that the permit was improvidently issued is affirmed.

(c)   When the Department suspends or rescinds the permit under this section, it must:

(1)   Issue the permittee a written notice requiring it to cease all surface coal mining operations under the permit and

(2)   Post the notice at the Department field office closest to the permit area.

(d)   If the Department suspends or rescinds the permit under this section, the Applicant or Operator may request administrative review of the notice under the procedures of 460:2, the Rules of Practice and Procedure for the Coal Reclamation Act.

(e)   Any Applicant or Operator who requested an administrative review under paragraph (d) of this section, and who is still adversely affected or aggrieved by the decision of the hearing authority, may request judicial review under Section 460:20-19-3 and 75 O.S., Section 318 et seq.

[Source: Added at 27 Ok Reg 2558, eff 7-25-10; Amended at 31 Ok Reg 2101, eff 9-12-14; Amended at 36 Ok Reg 1935, eff 9-14-19]