Section 880-X-7D-.08 - Procedures: Decision (Alabama Administrative Code)

§ 880-X-7D-.08. Procedures: Decision

(1) In reaching its decision, the State Regulatory Authority shall use --

(a) The information contained in the data base and inventory system;

(b) Information provided by other governmental agencies;

(c) The detailed statement prepared under Rule 880-X-7D-.07(5); and

(d) Any other relevant information submitted during the comment period.

(2) The State Regulatory Authority may decide to designate the petitioned land areas in whole or in part, not to designate the petitioned land areas, or to place conditions on future operations in all or part of the petitioned area which would successfully mitigate the impacts of such operations.

(3) A final written decision shall be issued by the State Regulatory Authority, including a statement of reasons, within 60 days of completion of the public hearing, or, if no public hearing is held, then within 12 months after receipt of the complete petition. The State Regulatory Authority shall simultaneously send the decision by certified mail to the petitioner, every other party to the proceeding, and to the Office of Surface Mining.

(4) The decision of the State Regulatory Authority with respect to a petition, or the failure of the State Regulatory Authority to act within the time limits set forth in this Rule, shall be subject to review in accordance with Section 28(d) and Section 10 of the Act.

Author:

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 77, 78, 80, 85, 87, 88, 92, 96.

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