Okla. Admin. Code § 460:20-15-9.2

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

Section 460:20-15-9.2 - Notice requirements for improvidently issued permits

(a) The Department must serve the permittee with a written notice of proposed suspension or rescission, together with a statement of the reasons for the proposed suspension of rescission, if:

(1) After considering any evidence submitted under OAC 460:20-15-9.1(d), the Department finds that a permit was improvidently issued under the criteria in paragraphs (a) and (b) of 460:20-15-9.1 of the Section; or

(2) The permit was provisionally issued under 460:20-15-6.8(b) of this Subchapter part and one or more of the conditions in 460:20-15-6.8(c)(1) through (c)(4) exists;

(b) If the Department proposes to suspend the permit, it will provide 60 days notice;

(c) If the Department proposes to rescind the permit, it will provide 120 days notice;

(d) If the Permittee wishes to appeal the notice, it must do so in accordance with the OAC 460:2, the Department's Rules of Practice And Procedure For The Coal Reclamation Act Of 1979;

(e) After the Department serves the Permittee with a notice of proposed suspension or rescission under this Section, it will take action under Section 460:20-15-10.1 of this Subchapter;

(f) The regulations for service in Section 460:20-59-6 of this Chapter will govern service;

(g) The times specified in paragraphs (b) and (c) of this section will apply unless the Permittee obtains temporary relief under Chapter 2, Rules Of Practice And Procedures For The Coal Reclamation Act Of 1979.

Okla. Admin. Code § 460:20-15-9.2

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