Okla. Admin. Code § 460:20-57-6

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

Section 460:20-57-6 - Review of decision not to inspect or enforce

(a) Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may request the Department to review informally an authorized representative's decision not to inspect or take the appropriate enforcement action with respect to any violation alleged by that person in request for a State inspection under Section 460:20-57-3. The request for review shall be in writing and include a statement of how the person is or may be adversely affected and why the decision merits review.

(b) The Department shall conduct the review in accordance with the Department's Rules of Practice and Procedure for the Coal Reclamation Act of 1979, OAC 460:2-31-1 et seq., and inform the adversely affected person, in writing, of the review results within 30 days from the receipt of the request, unless said time-frame has been waived by that person. The operator alleged to be in violation shall also be given a copy of the results of the review, except the name of the affected person shall not be disclosed,in the result copy, unless confidentiality was not requested pursuant to 460:20-57-3(b), or if disclosure of that person is required by law.

(c) If the person requesting the informal review withdraws the request before the review is held, the informal review may be canceled.

(d) Informal review under this Section shall not affect any right to formal review under 45 O.S., Section 786, or to a citizen's suit under 45 O.S, Section 774 .

(e) Any determination made under (b) of this Section shall constitute a decision of the Department within the meaning of OAC 460:2-21-1 et seq., the Department's Rules of Practice and Procedure for the Coal Reclamation Act of 1979.

Okla. Admin. Code § 460:20-57-6

Amended at 21 Ok Reg 2979, eff 7-26-04; Amended at 23 Ok Reg 3059, eff 7-27-06