{"data":{"id":"us-ok/okla.-stat.-tit.-45-45-786","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 45, § 45-786","heading":"Review of notices or order or modification, vacation or","body":"termination of notices or orders - Application - Investigation -\n\nHearing - Temporary relief - Suspension or revocation of permit -\n\nCosts.\n\nA. A permittee issued a notice or order by the Department\n\npursuant to the provisions of this act or any person having an\n\ninterest which is or may be adversely affected by such notice or\n\norder or by any modification, vacation or termination of such notice\n\nor order, may apply to the Chief Mine Inspector for review of the\n\nnotice or order within thirty (30) days of receipt thereof or within\n\nthirty (30) days of its modification, vacation or termination. Upon\n\nreceipt of such application, the Chief Mine Inspector shall cause\n\nsuch investigation to be made as it deems appropriate. Such\n\ninvestigation shall provide an opportunity for a public hearing, at\n\nthe request of the applicant or the person having an interest which\n\nis or may be adversely affected, to enable the applicant or such\n\nperson to present information relating to the issuance and\n\ncontinuance of such notice or order or the modification, vacation or\n\ntermination thereof. The filing of an application for review under\n\nthis subsection shall not operate as a stay of any order or notice.\n\nThe permittee and other interested persons shall be given\n\nwritten notice of the time and place of the hearing at least five\n\n(5) days prior thereto. Any such hearing shall be of record.\n\nB. Upon receiving the report of such investigation, the Chief\n\nMine Inspector shall make findings of fact, and shall issue a\n\nwritten decision, incorporating therein an order vacating,\n\naffirming, modifying or terminating the notice or order, or the\n\nmodification, vacation or termination of such notice or order\n\ncomplained of and incorporate his findings therein. Where the\n\napplication for review concerns an order for cessation of surface\n\ncoal mining and reclamation operations issued pursuant to the\n\nprovisions of this title, the Chief Mine Inspector shall issue the\n\nwritten decision within thirty (30) days of the receipt of the\n\napplication for review, unless temporary relief has been granted by\n\nthe Chief Mine Inspector pursuant to this section or by the court.\n\nC. Pending completion of the investigation and hearing required\n\nby this section, the applicant may file with the Chief Mine\n\nInspector a written request that the Chief Mine Inspector grant\n\ntemporary relief from any notice or order issued together with a\n\ndetailed statement giving reasons for granting such relief. The\n\nChief Mine Inspector shall issue an order or decision granting or\n\ndenying such relief expeditiously. Where the applicant requests\n\nrelief from an order for cessation of coal mining and reclamation\n\noperations, the order or decision on such a request shall be issued\n\nwithin five (5) days of its receipt. The Chief Mine Inspector may\n\ngrant such relief, under such conditions as it may prescribe, if:\n\n1. A hearing has been held in the locality of the permit area\n\non the request for temporary relief in which all parties were given\n\nan opportunity to be heard;\n\n2. The applicant shows that there is substantial likelihood\n\nthat the findings of the Chief Mine Inspector will be favorable to\n\nhim; and\n\n3. Such relief will not adversely affect the health or safety\n\nof the public or cause significant, imminent environmental harm to\n\nland, air or water resources.\n\nD. Following the issuance of an order to show cause as to why a\n\npermit should not be suspended or revoked, the Chief Mine Inspector\n\nshall hold a public hearing after giving written notice of the time,\n\nplace and date. Any such hearing shall be of record. Within sixty\nly affect the health or safety\n\nof the public or cause significant, imminent environmental harm to\n\nland, air or water resources.\n\nD. Following the issuance of an order to show cause as to why a\n\npermit should not be suspended or revoked, the Chief Mine Inspector\n\nshall hold a public hearing after giving written notice of the time,\n\nplace and date. Any such hearing shall be of record. Within sixty\n\n(60) days following the public hearing, the Chief Mine Inspector\n\nshall issue and furnish to the permittee and all other parties to\n\nthe hearing a written decision, and the reasons therefor, concerning\n\nsuspension or revocation of the permit. If the Chief Mine Inspector\n\nrevokes the permit, the permittee shall immediately cease surface\n\ncoal mining operations on the permit area and shall complete\n\nreclamation within a period specified by the Chief Mine Inspector,\n\nor the Chief Mine Inspector shall declare as forfeited the\n\nperformance bonds for the operation.\n\nE. Whenever an order is issued under this section, or as a\n\nresult of any administrative proceeding under this act, at the\n\nrequest of any person, a sum equal to the aggregate amount of all\n\ncosts and expenses, including attorney fees, as determined by the\n\nChief Mine Inspector to have been reasonably incurred by such person\n\nfor or in connection with his participation in such proceedings,\n\nincluding any judicial review of agency actions, may be assessed\n\nagainst any party or the Department as the court, resulting from\n\njudicial review or the Chief Mine Inspector, resulting from\n\nadministrative proceedings, deems proper.","path":["OK Code","Title 45"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os45.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"ce76f6db191fbfbc2c6334b2112708e302933d79c973fe669792d7b7e61132d2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-45-45-785","next":"us-ok/okla.-stat.-tit.-45-45-787"},"notice":"GroundRules: Original legal text. Not legal advice."}