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Phil Jensen <br />• 9 Oct 97 <br />Page 17 of 18 Pages <br />proposed decision by certified mail to the board of county <br />commissioners of the county in which the surface coal mining <br />operation is located. The Division shall publish its proposed <br />decision in its montltly mailing under 1.03.2(2). <br />[25(5) (b) If no request for an adjudicatory hearing as provided in (6) below <br />is received within the time periods specified therefore, the <br />proposed decision of the Division shall be fatal. <br />125(6) (6) Adjudicatory Heazing on Proposed Decision to Release. <br /> <br />(a) The Boazd shall hold an adjudicatory hearing on the proposed <br />decision of the Division upon the receipt of a written request for <br />hearing from any person with a valid legal interest which might <br />be adversely affected by the proposed decision of the Division or <br />from the responsible officer or head of any Federal, State, or <br />local government agency which has jurisdiction by law or special <br />expertise with respect to any environmental, social, or economic <br />impact involved in the operation or which is authorized to <br />develop and enforce environmental standards with respect to such <br />operations. The request for an adjudicatory hearing must state <br />with specificity the reasons why the hearing is requested and <br />must be received within thirty (30) days of the first publication of <br />the proposed decision by the Division. Prior to the adjudicatory <br />hearing, the Boazd shall give reasonable notice to all interested <br />parties of the time and place of the hearing and shall publish the <br />date, time, and location of such hearing in a newspaper of <br />general circulation in the locality of the surface coal mining <br />operation for two consecutive weeks after receipt of a request for <br />hearing and twice a week for two consecutive weeks before the <br />heazing. In addition, the Boazd shall place notice of such hearing <br />in its montlily mailing under 1.03.2(2). The Board shall hold an <br />adjudicatory hearing on the proposed decision of the Division <br />within thirty (30) days of the receipt of any written request for <br />such hearing and shall render a written decision affirming or <br />reversing, in whole or in part, the decision of the Division within <br />thirty (30) days following the conclusion of the adjudicatory <br />hearing. The hearing shall be held in the locality of the permit <br />azea, or the State capitol, at the option of the objector. <br />• Enclosure 4 <br />