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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 460. Department of Mines |
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Chapter 20. The Permanent Regulations Governing the Coal Reclamation Act of 1979 |
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Subchapter 15. Requirements for Permits and Permit Processing |
SECTION 460:20-15-11. Verification of ownership or control application information
Latest version.
- (a) Prior review. In accordance with Section 460:20-15-6 (c) (1) of this Subchapter, prior to the issuance of a permit, the Department shall review the information in the application provided pursuant to Section 460:20-23-2 of this Chapter to determine that such information, including the identification of the operator and all owners and controllers of the operator, is complete and accurate. In making such determination, the Department shall compare the information provided in the application with information from other reasonable available sources, including:(1) Manual data sources within Oklahoma including:(A) The Department's inspection and enforcement records; and(B) The state incorporating records or tax records, to the extent they contain information concerning ownership or control links; and(2) Automated data sources, including:(A) The Department's own computer systems; and(B) The Applicant Violator System (AVS)(b) Application inquiry. If it appears from the information provided in the application pursuant to Section 460:20-23-3(c) through (d) of this Chapter that none of the persons identified in the application has had any previous mining experience, the Department shall inquire of the applicant and investigate whether any person other than those identified in the application will own or control the operation (as either an operator or other owner or controller).(c) Review results. If, as a result of the review conducted under paragraphs (a) and (b) of this section, the Department identifies any potential omission, inaccuracy, or inconsistency in the ownership or control information provided in the application, it shall, prior to making a final determination with regard to the application, contact the applicant and require that the matter be resolved through submission of:(1) An amendment to the application or(2) A satisfactory explanation which includes credible information sufficient to demonstrate that no actual omission, inaccuracy, or inconsistency exists.(3) The Department shall also take action in accordance with the provisions of Subchapter 59 of this Chapter where appropriate.(d) Review completion. Upon completion of the review conducted under this section, the Department shall promptly enter into or update all ownership or control information on AVS.