Section 880-X-9E-.03 - Procedures (Alabama Administrative Code)

§ 880-X-9E-.03. Procedures

(1) In the event forfeiture of the bond is required by Rule 880-X-9E-.04, the State Regulatory Authority shall --

(a) Send written notification by certified mail, return receipt requested, to the permittee, and the surety on the bond, if applicable, of the State Regulatory Authority's determination to forfeit all or part of the bond and the reasons for the forfeiture, including a finding of the amount to be forfeited.

(b) Advise the permittee and surety, if applicable, of any rights of appeal that may be available from that determination under State law;

(c) Proceed in an action for collection on the bond as provided by applicable laws for the collection of defaulted bonds or other debts, consistent with this Rule, for the amount forfeited, if an appeal is not filed within a time established by the State Regulatory Authority and a stay of collection issued by the hearing authority or such appeal is unsuccessful; and

(d) If an appeal is filed, defend the action.

(2) The written determination to forfeit all or part of the bond, including the reasons for forfeiture and the amount to be forfeited, shall be a final decision by the State Regulatory Authority.

(3) The State Regulatory Authority may forfeit any or all bonds deposited for an entire permit area or any increment thereof in order to satisfy Rules 880-X-9E-.02 - 880-X-9E-.05.

(4) The State Regulatory Authority shall utilize funds collected from bond forfeiture to pay for all costs to complete the reclamation plan on the permit area on which bond coverage applies.

Author:

Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81, 84, 89, 90, 91.

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