_ENFORCEMENT - M1978352 ‎(13)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: APPENDIX TO MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMAR
• Media Type: D
• Archive: No

d.
where an operation could have several continuances , and persons pro-
testing the operations could wait and file their protest until forty-
eight (48) hours before the meeting at which the application would be
® heard. The Rule attempts to give the public as much time as possible
to comment, eliminate the need for special meetings , retain sufficient
time for an operator to respond to protests, and to insure that all pro-
tests would be filed in a timely manner.
3.36 (7)
BASIS E PURPOSE
The Board adopted this regulation on April 19 , 1977. It reconsidered
this regulation in June, 1977, and at the request of a representative
from industry removed a sentence which stated that an operation could
request a continuance of the hearing on his application , if at the time
his application was presented to the Board, he was surprised by informa-
tion presented. The industry representative stated to the Board that an
operator always had a right to request a continuance; however, placing
the statement in the regulation might cause persons to withhold protests
until the meeting and, thus , force the operator to waive his right to
obtain a permit with the statutory time limitations. The Board agreed
that the provision might be misused, and they deleted the sentence in
June , 1977• Because the Rules were not filed with the legislature within
twenty (20) days of the issuance of the Attorney General 's opinion , the
Board readopted the Rule.
RULE 4: Permits for Special Operations of the Rules of the Mined Land Reclamation
Board is hereby repealed as follows:
4. 11 Contents of Application
(5)
BASIS E PURPOSE
The Board found that this was not specifically a part of an initial
application submittal , but was necessary prior to Board permit appli -
cation evaluation and approval . The Board rephrased and transferred
this information requirement to a new location in the regulations. (See
RULE 9.)
(10)
BASIS E PURPOSE
The Board reconsidered the language and determined that it was confusing
to the operator and could require him to submit information which would
not be necessary for the Board to reach a decision on the application.
The Board then determined that site specific vegetation and soils informa-
tion may not be needed where vegetation is not part of the reclamation
w plan. The regulation was reworded to clarify this decision.
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