Oklahoma Administrative Code
Title 460 - Department of Mines
Chapter 3 - Non-Coal Rules of Practice and Procedures
Subchapter 5 - Proceeding for Suspension or Revocation of Permits Under the Mining Lands Reclamation Act
Section 460:3-5-6 - Determination by the hearing examiner

Universal Citation: OK Admin Code 460:3-5-6

Current through Vol. 41, No. 13, March 15, 2024

(a) Upon a determination by the hearing examiner that a permit shall be revoked or suspended, the hearing examiner shall order the permit either suspended or revoked. In making such a determination, the hearing examiner need not find that all the violations listed in the Show Cause Order occurred, but only that sufficient violations occurred to establish the basis for suspension or revocation.

(b) If the permit is suspended, the amount of time for which the permit is suspended shall be determined by the Department as contained within the Show Cause Order. A suspension of indefinite period may be imposed by the hearing examiner as contained within the Show Cause Order, so long as such suspension furthers the purpose of the Act.

(c) The decision of the hearing examiner shall be issued within a reasonable time frame following the date the hearing record is closed by the hearing examiner or within 20 days of receipt of the answer, if no hearing is requested.

(d) At any stage of a suspension or revocation proceeding being conducted by a hearing examiner, the parties may enter into a settlement agreement, subject to the approval of the Director.

Added at 21 Ok Reg 2973, eff 7-26-04

Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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