Oklahoma § 45-745.15 - Temporary relief pending final determination of

§ 45-745.15. Temporary relief pending final determination of

proceedings - Conduct of hearings - Appeals.

When a hearing is requested pursuant to this act, the Department

may, under such conditions as it may prescribe, grant such temporary

relief as it deems appropriate pending final determination of the

proceedings if:

1. All parties to the proceedings have been notified and given

an opportunity to be heard on a request for temporary relief;

2. The person requesting such relief shows that there is a

substantial likelihood that he will prevail on the merits of the

final determination of the proceeding; and

3. Such relief will not adversely affect the public health or

safety or cause significant imminent environmental harm to land, air

or water resources.

For the purpose of this and every hearing authorized by this

act, the Department may, pursuant to the Administrative Procedures

Act, administer oaths, subpoena witnesses, or written or printed

materials, compel attendance of the witnesses, or production of the

Oklahoma Statutes - Title 45. Mines and Mining

materials, and take evidence including, but not limited to, site

inspections of the land to be affected and other surface coal mining

operations carried on by the applicant in the general vicinity of

the proposed operation. 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.

Any applicant or any person with an interest which is or may be

adversely affected who has participated in the application process

as an objector, and who is aggrieved by the decision of the

Department, or if the Department fails to act within the time limits

specified in this act, shall have the right to appeal as provided by

Section 53 of this act.

Laws 1979, c. 249, § 18, emerg. eff. June 1, 1979.

§45-745.16.1. Small operator assistance program.

The Department shall operate a small operator assistance program

to the extent required by federal law, and shall provide such

services as are necessary to comply with the permanent regulatory

program. The Department is authorized to enter into a cooperative

agreement with the Secretary of the Interior regarding distribution

of funds for the small operator assistance program.

Added by Laws 1983, c. 39, § 5, emerg. eff. April 20, 1983.