Oklahoma § 45-745.13 - Objections to application for permit - Informal

§ 45-745.13. Objections to application for permit - Informal

conference - Hearings.

A. Any person having an interest which is or may be adversely

affected, or the chief administrative officer of any federal, state

or local governmental agency or authority, shall have the right to

file written objections to the application for a permit with the

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

notice. Such objections shall immediately be transmitted to the

applicant by the Department and shall be made available to the

public. If written objections are filed and an informal conference

requested, the Department shall then hold an informal conference in

the locality of the proposed mining. The date, time and location of

such informal conference shall be advertised by the Department in a

newspaper of general circulation in the locality at least two (2)

weeks prior to the scheduled conference date. The Department may

arrange with the applicant, upon request by any party to the

application process, access to the proposed mining area for the

purpose of gathering information relevant to the proceeding. An

electronic or stenographic record shall be made of the conference

proceeding, unless waived by all parties. Such record shall be

maintained and shall be accessible to the parties until final

release of the applicant's performance bond. In the event all

parties requesting the informal conference stipulate agreement prior

to the requested informal conference and withdraw their requests,

such informal conference need not be held.

B. Where the lands included in an application for a permit are

the subject of a federal coal lease in connection with which

hearings were held and determinations were made under the Mineral

Lands Leasing Act, as amended, 30 U.S.C. 201a, such hearings shall

be deemed as to the matters covered to satisfy the requirements of

this section and Section 17 of this act and such determinations

shall be deemed to be a part of the record and conclusive for

purposes of this section and Section 17 of this act.

Laws 1979, c. 249, § 16, emerg. eff. June 1, 1979.