§ 45-786. Review of notices or order or modification, vacation or termination of notices or orders - Application - Investigation - Hearing - Temporary relief - Suspension or revocation of permit - Costs.

A.  A permittee issued a notice or order by the Department pursuant to the provisions of this act or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation or termination of such notice or order, may apply to the Chief Mine Inspector for review of the notice or order within thirty (30) days of receipt thereof or within thirty (30) days of its modification, vacation or termination.  Upon receipt of such application, the Chief Mine Inspector shall cause such investigation to be made as it deems appropriate.  Such investigation shall provide an opportunity for a public hearing, at the request of the applicant or the person having an interest which is or may be adversely affected, to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation or termination thereof.  The filing of an application for review under this subsection shall not operate as a stay of any order or notice.

The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five (5) days prior thereto.  Any such hearing shall be of record.

B.  Upon receiving the report of such investigation, the Chief Mine Inspector shall make findings of fact, and shall issue a written decision, incorporating therein an order vacating, affirming, modifying or terminating the notice or order, or the modification, vacation or termination of such notice or order complained of and incorporate his findings therein.  Where the application for review concerns an order for cessation of surface coal mining and reclamation operations issued pursuant to the provisions of this title, the Chief Mine Inspector shall issue the written decision within thirty (30) days of the receipt of the application for review, unless temporary relief has been granted by the Chief Mine Inspector pursuant to this section or by the court.

C.  Pending completion of the investigation and hearing required by this section, the applicant may file with the Chief Mine Inspector a written request that the Chief Mine Inspector grant temporary relief from any notice or order issued together with a detailed statement giving reasons for granting such relief.  The Chief Mine Inspector shall issue an order or decision granting or denying such relief expeditiously.  Where the applicant requests relief from an order for cessation of coal mining and reclamation operations, the order or decision on such a request shall be issued within five (5) days of its receipt.  The Chief Mine Inspector may grant such relief, under such conditions as it may prescribe, if:

1.  A hearing has been held in the locality of the permit area on the request for temporary relief in which all parties were given an opportunity to be heard;

2.  The applicant shows that there is substantial likelihood that the findings of the Chief Mine Inspector will be favorable to him; and

3.  Such relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air or water resources.

D.  Following the issuance of an order to show cause as to why a permit should not be suspended or revoked, the Chief Mine Inspector shall hold a public hearing after giving written notice of the time, place and date.  Any such hearing shall be of record. Within sixty (60) days following the public hearing, the Chief Mine Inspector shall issue and furnish to the permittee and all other parties to the hearing a written decision, and the reasons therefor, concerning suspension or revocation of the permit.  If the Chief Mine Inspector revokes the permit, the permittee shall immediately cease surface coal mining operations on the permit area and shall complete reclamation within a period specified by the Chief Mine Inspector, or the Chief Mine Inspector shall declare as forfeited the performance bonds for the operation.

E.  Whenever an order is issued under this section, or as a result of any administrative proceeding under this act, at the request of any person, a sum equal to the aggregate amount of all costs and expenses, including attorney fees, as determined by the Chief Mine Inspector to have been reasonably incurred by such person for or in connection with his participation in such proceedings, including any judicial review of agency actions, may be assessed against any party or the Department as the court, resulting from judicial review or the Chief Mine Inspector, resulting from administrative proceedings, deems proper.

Amended by Laws 1983, c. 39, § 3, emerg. eff. April 20, 1983.