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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 3. Non-Coal Rules of Practice and Procedures |
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Subchapter 5. Proceeding for Suspension or Revocation of Permits Under the Mining Lands Reclamation Act |
SECTION 460:3-5-6. Determination by the hearing examiner
Latest version.
- (a) Upon a determination by the hearing examiner that a permit shall be revoked or suspended, the hearing examiner shall order the permit either suspended or revoked. In making such a determination, the hearing examiner need not find that all the violations listed in the Show Cause Order occurred, but only that sufficient violations occurred to establish the basis for suspension or revocation.(b) If the permit is suspended, the amount of time for which the permit is suspended shall be determined by the Department as contained within the Show Cause Order. A suspension of indefinite period may be imposed by the hearing examiner as contained within the Show Cause Order, so long as such suspension furthers the purpose of the Act.(c) The decision of the hearing examiner shall be issued within a reasonable time frame following the date the hearing record is closed by the hearing examiner or within 20 days of receipt of the answer, if no hearing is requested.(d) At any stage of a suspension or revocation proceeding being conducted by a hearing examiner, the parties may enter into a settlement agreement, subject to the approval of the Director.