Okla. Admin. Code § 460:20-15-14.1

Current through Vol. 42, No. 7, December 16, 2024

Section 460:20-15-14.1 - Burden of proof for ownership or control challenges

This Section applies to any person who challenges an ownership or control listing or finding.

(1) When challenging a listing of ownership or control, or a finding of ownership or control made under Section 460:20-17-2.1(f) of this Chapter, the person challenging must prove by a preponderance of the evidence that either:

(A) It does not own or control the entire surface coal mining operation or relevant portion or aspect thereof; or

(B) It did not own or control the entire surface coal mining operation or relevant portion or aspect thereof during the relevant time period.

(2) In meeting the burden of proof, reliable, credible, and substantial evidence and any explanatory materials must be submitted to the Department. The materials presented in connection with the challenge will become part of the permit file, an investigation file, or other public file. If requested, the Department will hold as confidential any information submitted under this paragraph which is not required to be made available to the public under Section 460:20-57-7 of this Chapter.

(3) Materials submitted in response to the requirements of paragraph (2) of this Section include, but are not limited to:

(A) Notarized affidavits containing specific facts concerning the duties that the person challenging performed for the relevant operation, the beginning and ending dates of ownership or control of the operation, and the nature and details of any transaction creating or severing ownership or control of the operation.

(B) Certified copies of corporate minutes, stock ledgers, contracts, purchase and sale agreements, leases, correspondence, or other relevant company records

(C) Certified copies of documents filed with or issued by any State, Municipal,or Federal governmental agency.

(D) An opinion of counsel, when supported by:

(i) Evidentiary materials;

(ii) A statement by counsel that he or she is qualified to render the opinion; and

(iii) A statement that counsel has personally and diligently investigated the facts of the matter.

Okla. Admin. Code § 460:20-15-14.1

Added at 27 Ok Reg 2558, eff 7-25-10