SECTION 460:20-19-2. Administrative review

(a)   General. Within 30 days after an applicant or permittee is notified of the decision of the Department concerning an application for approval of exploration required under Subchapter 13 of this Chapter, a permit for surface coal mining and reclamation operations, a permit revision, a permit renewal, or a transfer, assignment, or sale of permit rights, the applicant, permittee, or any person with an interest which is or may be adversely affected may request a hearing on the reasons for the decision, in accordance with this Section.

(b)   Administrative hearings.

(1)   The Department shall start the administrative hearing within 30 days of such request. The hearing shall be on the record and adjudicatory in nature. No person who presided at an informal conference under Section 460:20-15-5(c) shall either preside at the hearing or participate in the decision following the hearing or administrative appeal.

(2)   The Department may, under such conditions as it prescribes, grant such temporary relief as it deems appropriate, pending final determination of the proceeding, if–

(A)   All parties to the proceeding have been notified and given an opportunity to be heard on a request for temporary relief;

(B)   The person requesting that relief shows that there is a substantial likelihood that he or she will prevail on the merits of the final determination of the proceeding;

(C)   The relief sought will not adversely affect the public health or safety, or cause significant, imminent environmental harm to land, air, or water resources; and

(D)   The relief sought is not the issuance of a permit where a permit has been denied, in whole or in part, by the Department except that continuation under an existing permit may be allowed where the operation has a valid permit issued under Section 745.1 of the Act.

(3)   The hearing shall be conducted under the following conditions:

(A)   The hearing authority may administer oaths and affirmations, subpoena witnesses and written or printed materials, compel attendance of witnesses or production of those materials, compel discovery, and take evidence, including, but not limited to, site inspections of the land to be affected and other surface coal mining and reclamation operations carried on by the applicant in the general vicinity of the proposed operations.

(B)   A verbatim record of each public hearing required by this Section shall be made, and a transcript made available on the motion of any party or by order of the hearing authority.

(C)   Ex parte contacts between representatives of the parties appearing before the hearing authority and the hearing authority shall be prohibited.

(4)   Within 30 days after the close of the record, the hearing authority shall issue and furnish the applicant and each person who participated in the hearing with the written findings of fact, conclusions of law, and order of the hearing authority with respect to the appeal of the decision.

(5)   The burden of proof at such hearings shall be on the party seeking to reverse the decision of the Department.