PERMFILE52086

• Permit No: M2005071
• IBM Index Class Name: Permit File
• Doc Date: 2/15/2006
• Doc Name: Status Update and Citizen Participation Guide
• From: DMG
• To: Parties Commenting on Appl
• Media Type: D
• Archive: No

been received, an application will be automatically approved if the Board fails to hold a
hearing and decide on an application within 120 days of an application's filing date. The
only exception is where the applicant waives the 90- or 120-day deadlines.
If an application is set for a board hearing because of a written objection, the Division must hold
a Pre-hearing Conference. The Pre-hearing Conference must occur after the Division has
issued its written recommendation and at least ten (10) calendar days prior to the Formal Board
Hearing. (We recommend that you review Rules 2.6 and 2.7 which explain the Pre-hearing
Conference and process, and Rule 2.8 which describes board hearings.)
At least three (3) working days prior to the Pre-hearing Conference, the Division is required to
mail all parties its recommendation and rationale for approval or denial of the application. Upon
request, the Division will also send its recommendation and rationale to a party by facsimile or
electronic mail. Copies of the Division's recommendation and rationale will also be available at
the Pre-hearing Conference. '
The purpose of the Pre-hearing Conference is to explain the application review and board
hearing processes, identify issues within and outside of the Board's jurisdiction, recognize the
parties, and encourage the resolution of issues, whenever possible. Following the Pre-hearing
Conference, the Pre-hearing Conference officer drafts a proposed Pre-hearing Order. This
Order recommends a list of parties, identifies issues within the Board's jurisdiction to be
considered at the Formal Board Hearing, and proposes a hearing schedule with time allotments.
Please note that parties are required to present their list of potential witnesses and exhibits at
the Pre-hearing Conference per Rule 2.6(2).
At the Formal Board Hearing, the Board may adopt the Pre-hearing Order as is, amend it, or
reject it. In addition to the information provided at the Pre-hearing Conference, Rule 2.8 further
describes Formal Board Hearings. Unless the hearing is continued to a future board meeting,
the Board will publicly deliberate, vote, and enter its decision on the application directly following
closing testimony in the case. The Board's written decision will be mailed to each party as soon
as possible. Any decision by the Board is considered final agency action for purposes of appeal.
Per Rule 2.9, within twenty (20) days of the effective date of the Board's written decision, any
party to the hearing may petition the Board to reconsider its decision, citing in the petition
specific reasons justifying reconsideration. A petition for reconsideration must set forth a clear
explanation of the grounds justifying reconsideration, including facts not known at the time of the
original hearing and an explanation of why those facts were not then known. Unless the Board
acts upon the petition within sixty (60) days of receipt, it is automatically deemed denied.
If the reclamation permit or amendment application is approved by the Board, as with
applications approved by the Division, once the Division receives any compulsory performance
and financial warranties from the applicant, the permit will be granted.
If you have any questions about the application process and your role, please do not hesitate to
call the Division at [phone]. You should ask to speak to the Environmental Protection
Specialist in charge of the application review, or the Specialist's supervisor.
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