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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 460:20-15-12. Review of ownership or control and violation information
Latest version.
- (a) Review after verification. Following the verification ownership or control information pursuant to Section 460:20-15-11(b) of this Subchapter, the Department shall review all reasonably available information concerning violation notices and ownership or control links involving the applicant to determine whether the application can be approved under 460:20-15-6(b) of this Subchapter. Such information shall include:(1) With respect to ownership or control links involving the applicant, all information obtained under Section 460:20-15-11 of this Subchapter and 460:20-23-3 of this Chapter; and(2) With respect to violation notices, all information obtained under Section 460:20-23-3 of this Chapter, information obtained from the Office of Surface Mining, including information shown in the AVS, and information from the Departments's own records concerning violation notices.(b) Review disclosures. If reviews conducted under paragraph (a) of this Section discloses any ownership or control links between the applicant and any person cited in a violation notice, the Department shall:(1) Notify the applicant and shall refer the applicant to the authority with jurisdiction over said violation; and(2) Not approve the application unless and until it determines, in accordance with the provisions of Sections 460:20-15-13 and 460:20-15-14 of this Chapter, the following:(A) That all ownership or control links between the applicant and any person cited in a violation notice are erroneous or have been rebutted, or(B) That the violation has been corrected, is in the process of being corrected, or is the subject of a good faith appeal, within the meaning of Section 460:20-15-6 (b) (1) of this Section.(C) Following the Department's decision on the application (including unconditional issuance, conditional issuance, or denial of the permit) or following the applicant's withdrawal of the application, the Department shall promptly enter all relevant information related to such decision or withdrawal into AVS.