Okla. Admin. Code § 460:20-15-14.2

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

Section 460:20-15-14.2 - Written agency decision on challenges to ownership or control listings or findings

(a) Within 60 days of receipt of a challenge under 460:20-15-13.1(a) of this Subchapter, the Department will review and investigate the evidence and explanatory materials submitted and any other reasonably available information bearing on the challenge and issue a written decision. The decision must state whether the challenger owns or controls the relevant surface coal mining operation, or owned or controlled the operation, during the relevant time period.

(b) The Department will promptly provide the challenger with a copy of its decision by either:

(1) Certified mail, return receipt requested; or

(2) Any means consistent with the rules governing service of a summons and complaint under Oklahoma law.

(c) Service of the decision is complete upon delivery and is not incomplete if delivery is refused.

(d) The Department will post all decisions made under this section on AVS.

(e) Any person who receives a written decision under this section, and who wishes to appeal that decision, must exhaust administrative remedies under Chapter 2, the Rules Of Practice And Procedure For The Coal Reclamation Act Of 1979.

(f) Following the written decision or any decision by a reviewing administrative or judicial tribunal, the Department must review the information in AVS to determine if it is consistent with the decision. If it is not, the Department must promptly revise the information in AVS to reflect the decision.

Okla. Admin. Code § 460:20-15-14.2

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