Section 880-X-5A-.31 - Jurisdiction Of The Commission Within The Appellate Process (Alabama Administrative Code)

§ 880-X-5A-.31. Jurisdiction Of The Commission Within The Appellate Process

(1) The jurisdiction of the Commission as set forth in Section 10 of the Act includes the authority to:

(a) Review all decisions of the DHA and this review shall be based on the administrative record;

(b) Hear appeals from the Regulatory Authority with regard to blasting under Section 22(f) and areas unsuitable for surface coal mining under Section 28. These appeals shall afford the parties a reasonable opportunity for a fair hearing.

(2) In performing its functions under Paragraph (1) of this Rule the Commission is authorized as follows:

(a) In decisions under review from the DHA:

1. Affirm or reverse the hearing officer's decision in whole or in part; or

2. Reverse the hearing officer's decision and refer the case to the DHA with instructions for further specific inquiry.

(b) In appeals under Section 22(f) of the Act or under Section 28 of the Act the Commission shall have all the powers set forth in Rule 880-X-5A-.17 of these Rules and Regulations.

Author:

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.

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