Current through Register Vol. 48, No. 12, March 22, 2024
a)
1) Within ten (10) months after receipt of a
complete petition, the Department shall hold a public hearing in the locality
of the area covered by the petition. If all petitioners and intervenors agree,
the hearing need not be held. Any party to a hearing may be represented by
counsel, make oral or written arguments, offer testimony and cross-examine
witnesses, cause the issuance of subpoenas, or take any combination of such
actions. The rules of evidence and privilege as applied in civil cases in the
circuit courts of Illinois shall be followed. Irrelevant, immaterial, or unduly
repetitious evidence shall be excluded. However, evidence not admissable under
such rules of evidence, including, without limitation, citizen opinion on
whether lands fall within the criteria for unsuitability and should be
designated unsuitable, may be admitted if it is of a type commonly relied upon
by reasonably prudent men in the conduct of their affairs. Objections to
evidentiary offers may be made and shall be noted in the record. Subject to
these requirements, when a hearing will be expedited, and the parties will not
be prejudiced, any part of the evidence may be received in written form. The
Department shall make a verbatim transcript of the hearing. All relevant parts
of the data base and inventory system and all public comments received during
the public comment period shall be included in the record and considered by the
Department in its decision on the petition.
2) The Department's decision shall be made
based on substantial evidence in the record, which shall, insofar as
practicable, include competent and scientifically sound data and information or
other relevant evidence supporting the decision. If any party desires to rely
upon information specified in Section
1764.19(a),
then by the close of the record or such other convenient time set by the
hearing officer, it shall so notify the Department and other parties,
specifying clearly the particular information relied on, the reasons for
reliance and the alleged relevance, validity and effect on such information.
Other parties shall have opportunity to comment thereon. If in the course of
preparing its decision the Department uses information specified in Section
1764.19(a),
and not noted by a party, notice of such use and opportunity for comment
thereon shall be given the parties prior to the Department's final
decision.
b)
1) The Department shall give notice of the
date, time, and location of the hearing to:
A)
Local, State, and Federal agencies which may have an interest in the decision
on the petition;
B) The petitioner
and the intervenors; and
C) Any
person with an ownership or other interest known to the Department in the area
covered by the petition. Proper notice to persons with an ownership interest of
record shall comply with the requirements of applicable State law.
2) Notice of the hearing shall be
sent by certified mail to petitioners and intervenors and by regular mail to
government agencies and property owners involved in the proceeding, and
postmarked not less than thirty (30) days before the scheduled date of the
hearing.
3) Such notice shall state
that a Land Report is available for public inspection and the locations at
which it may be inspected. The Land Report must be available to the public at
least thirty (30) days before the hearing required under this Section. Written
comments on the Land Report may be submitted to the Department until three (3)
days before the Department holds the hearing required by this Part.
c) The Department shall notify the
general public of the date, time, and location of the hearing by placing a
newspaper advertisement once (1) a week for two (2) consecutive weeks in the
locale of the area covered by the petition and once (1) during the week prior
to the public hearing. The consecutive weekly advertisement must begin between
four (4) and five (5) weeks before the scheduled date of the public
hearing.
d) The Department may
consolidate in a single hearing the hearings required for each of several
petitions which relate to areas in the same locale.
e) Prior to designating any land areas as
unsuitable for surface coal mining operations, the Department shall prepare a
detailed statement, using existing and available information on the potential
coal resources of the area, the demand for coal resources, and the impact of
such designation on the environment, the economy, and the supply of
coal.
f) In the event that all
petitioners and intervenors stipulate agreement prior to the hearing, the
petition may be withdrawn from consideration.
