020-15 Wyo. Code R. § 15-2

Current through April 27, 2019

Section 15-2 - Administrative Hearing

(a) Any affected person has the right to file written comments or objections to the request for bond release with the Administrator within 30 days after the last publication of the above notice. Affected persons are:

• (i) Any person with an interest which is or may be adversely affected by bond release; and

• (ii) The responsible officer or head of any Federal, State or local government agency which:
  • (A) Has jurisdiction by la w or special expertise with respect to any environmental, social or economic impact involved; or
  • (B) Is authorized to develop and enforce environmental standards with respect to surface coal mining.

(b) If written objections are filed, and public hearing requested, the Council shall hold a public hearing within 60 days after the final date for filing objections unless a different period is stipulated to by all parties. The Council shall inform the operator and all interested parties of the public hearing. The Council shall also publish notice of the time, date, and location of the hearing in a newspaper of general circulation in the locality of the surface coal mining operation at least once a week for two consecutive weeks immediately prior to the hearing. The hearing shall be conducted as a contested case in accordance with the Wyoming Administrative Procedure Act, and right of judicial review will be afforded as provided in said Act.

(c) Without prejudice to the right of an objector or the applicant, the Administrator may hold an informal conference to resolve written objections after notification to all parties. The Administrator shall make a record of the conference unless waived by all parties, which shall be accessible to all parties. The Administrator shall furnish all parties of the conference with a written finding of the Division based on the conference, and the reasons for the finding.

020-15 Wyo. Code R. § 15-2