Oklahoma § 45-773 - Release of performance bond or deposit - Notice to

§ 45-773. Release of performance bond or deposit - Notice to

municipalities - Objections - Hearings - Informal conference Authority of department.

A. When any application for total or partial bond release is

filed with the Department, the Department shall notify any

municipality in which a surface coal mining operation is located by

certified mail at least thirty (30) days prior to the release of all

or a portion of the bond.

B. Any person with a valid legal interest which might be

adversely affected by release of the bond or the responsible

Oklahoma Statutes - Title 45. Mines and Mining

administration officer of any federal, state or local governmental

agency which has jurisdiction by law or special expertise with

respect to any environmental, social or economic impact involved in

the operation, or is authorized to develop and enforce environmental

standards with respect to such operations, shall have the right to

file written objections to the proposed release from bond to the

Department within thirty (30) days after the last publication of the

above notice. If written objections are filed and a hearing

requested, the Department shall inform all the interested parties of

the time and place of the hearing, and hold a public hearing in the

locality of the surface coal mining operation proposed for bond

release within thirty (30) days of the request for such hearing. The

date, time and location of such public hearings shall be advertised

as frequently as possible by the Department in each issue of a

newspaper of general circulation in the locality for two (2)

consecutive weeks, and shall hold a public hearing in the locality

of the surface coal mining operation proposed for bond release or at

the State Capitol Building at the option of the objector within

thirty (30) days of the request for such hearing.

C. Without prejudice to the rights of the objectors, to the

rights of applicant, or to the responsibilities of the Department

pursuant to this section, the Department may establish an informal

conference to resolve such written objections.

D. For the purpose of such hearing the Department shall have

the authority, pursuant to the Administrative Procedures Act, and is

hereby empowered to administer oaths, subpoena witnesses, or written

or printed materials, compel the attendance of witnesses, or

production of the materials, and take evidence including but not

limited to inspections of the land affected and other surface coal

mining operations carried on by the applicant in the general

vicinity. A verbatim record of each public hearing required by this

act shall be made, and a transcript made available on the motion of

any party or by order of the Department.

Laws 1979, c. 249, § 40, emerg. eff. June 1, 1979.