Alabama Administrative Code
Title 880 - ALABAMA SURFACE MINING COMMISSION
Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS
Section 880-X-5A-.13 - Advancement Of Proceedings

(1) Except in temporary relief proceedings or expedited review proceedings and after a commencement of a proceeding any party may move to advance the scheduling of a proceeding. The motion shall be in writing and describe the exigent circumstances justifying an advancement and the irreparable harm that would result if the motion were not granted.

(2) The other parties shall have seven (7) days to respond to the motion unless otherwise directed by the hearing officer.

(3) Following timely receipt of statements in response to the motion, the hearing officer may schedule a hearing on the motion. If the motion is granted, the hearing officer may advance pleading schedules, prehearing conferences and the hearing at his discretion.

(4) The hearing officer may make the advancement as he deems appropriate but shall in no case have a hearing on the merits with less than five (5) days notice to the parties.

(5) If the motion is granted, where appropriate, the DHA may advance the appeal on its calendar and order such other advancement as may be appropriate.

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