SECTION 460:20-35-3. Eligibility for assistance

(a)   An applicant is eligible for assistance if he or she:

(1)   Intends to apply for a permit pursuant to the Act;

(2)   Establishes that his or her probable total actual and attributed production from all locations during any consecutive 12-month period either during the term of his or her permit or during the first 5 years after issuance of his or her permit, whichever period is shorter, will not exceed 300,000 tons. Production from the following operations shall be attributed to the applicant:

(A)   The pro rata share, based upon percentage of ownership of the applicant, of coal produced by operations in which the applicant owns more than a 10 percent interest,

(B)   The pro rata share, based upon percentage of ownership of the applicant, of coal produced in other operations by persons who own more than 10 percent of the applicant's operation;

(C)   All coal produced by operations owned by persons who directly or indirectly control the applicant by reason of direction of the management;

(D)   All coal produced by operations owned by members of the applicant's family and the applicant's relatives, unless it is established that there is no direct or indirect business relationship between or among them.

(3)   Is not restricted in any manner from receiving a permit under this Chapter; and

(4)   Does not organize or reorganize his or her company solely for the purpose of obtaining assistance under the Small Operator Assistance Program.

(b)   A State may provide alternate criteria or procedures for determining the eligibility of an operator for assistance under the program, provided that such criteria may not be used as a basis for grant requests in excess of that which would be authorized under the criteria of Subsection (a) of this section.

[Source: Amended at 11 Ok Reg 925, eff 12-23-93 through 7-14-94 (emergency); Amended at 11 Ok Reg 4235, eff 7-25-94; Amended at 12 Ok Reg 3592, eff 10-12-95; Amended at 16 Ok Reg 3526, eff 9-13-99]