Current through Register Vol. XLI, No. 24, June 14, 2024
Section 38-2-21 - Surface Mine Board21.1. Open Meetings. 21.1.a. General. All meetings of the Surface Mine Board, pursuant to the provisions of the Act shall be open to the public.21.1.b. Public Notice. The time, and place of all regularly scheduled meetings and the time, place and purpose of all special meetings shall be made available to the public and the news media by publishing a notice containing at least the above information in a newspaper of general circulation in the county where the site or environmental concern exists, or if the matter under consideration is of general interest to the people of the State in a newspaper of general circulation in the State.21.1.c. Emergency Meetings. In the event of any emergency requiring immediate official action such efforts to notify the public shall be taken as circumstances allow.21.2. Appeals to the Surface Mine Board.21.2.a. Site Visits. The board may visit the site of the activity or proposed activity which is the subject of the hearing and take such additional evidence as it deems necessary provided that all parties and interveners be given notice of the visit and are given an opportunity to accompany the Board.21.2.b. Final Orders. On all appeals to the Board, the Board shall issue a final decision thirty (30) days after the hearing or within thirty (30) days after the testimony presented at the hearing has been transcribed and checked for accuracy.21.2.c. Burden of Proof. The burden of proof shall be on the party seeking to reverse the decision of the Secretary.21.3. Ex parte Communication.21.3.a. Prohibition. Ex parte contacts between representatives of the parties appearing before the Board and members or representatives of the Board shall be prohibited.