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'r ~ • 114(3) (ii) Establish to the Division that the applicant, any person who owns or control the applicant or any person owned or controlled by either, has filed and is presently pursuing, in good faith, a direct administrative or judicial appeal to contest the validity of that violation. If the administrative or judicial hearing authority either denies the appeal or affirms the violation, then any surface coal mining operations being conducted under a permit issued according to 2.07.6(1) shall be immediately terminated, unless and until the provisions of 2.07.6(1)(b)(i) are satisfied. (iii) Any permit that is issued on the basis of proof submitted under the provisions of 2.07.6(1)(b)(i) that a violation is in the process of being corrected, or pending the outcome of an appeal described in 2.07.6(1)(b)(ii), shall be conditionally issued. (d) After a written decision is published, but before the permit is issued, the Division shall reconsider its decision to approve the application, based on the compliance review required by 2.07.6(1)(b) in light of any new information submitted under 2.03.4(5) and 2.03.5(4). 3. The Act: 34-33-114(3) (3) The applicant shall file with his permit application a schedule listing any and all notices of violations of this article and any applicable law of the United States or of this state, ......... When the schedule or other information available to the board or office indicates that any surface coal mining operation owned or controlled by the applicant is currently in violation of this article or such other laws referred to in this subsection (3), the permit shall not be issued until the applicant submits proof that such violation has been corrected or is in the process of being corrected to the satisfaction of the board, department; or agency which has jurisdiction over such violation, and no permit shall be issued to an applicant after a finding by the board, after opportunity for hearing, that the applicant, or the operator specified in the application, controls or has controlled such surface coal mining operations with a demonstrated pattern of willful violations of this article of such nature and duration and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of this article.