§ 45.1-249. Administrative review of notice or order issued under § 45.1-245.
A. A permittee who is issued a notice or order pursuant to § 45.1-245, or anyperson having an interest which is or may be adversely affected by suchnotice or order by any modification, vacation, or termination of such noticeor order, may apply to the Director for the review of the notice or orderwithin thirty days of the receipt thereof or within thirty days of itsmodification, vacation, or termination. Upon receipt of such application, theDirector shall cause such investigation to be made as he deems appropriate,which shall include an opportunity for a public formal hearing, at therequest of the applicant or the person having an interest which is or may beadversely affected, to enable the applicant or such person to presentinformation relating to the issuance and continuance of such notice or orderor the modification, vacation or termination thereof. The filing of anapplication for review under this subsection shall not operate as a stay ofany order or notice.
B. Upon receiving the report of such investigation, the Director shall makefindings of fact, and shall issue a written decision, incorporating thereinan order vacating, affirming, modifying or terminating the notice or ordercomplained of and incorporate his findings therein. When the application forreview concerns an order for cessation of coal surface mining and reclamationoperations issued pursuant to the provisions of subsection A or B of §45.1-245, the Director shall issue the written decision within thirty days ofthe receipt of the application for review unless temporary relief has beengranted by the Director pursuant to subsection C of this section or by acourt pursuant to § 45.1-251.
C. Pending completion of the hearing required by this section, the applicantmay file with the Director a written request that the Director granttemporary relief from any notice or order issued under § 45.1-245, togetherwith a detailed statement giving reasons for granting such relief. TheDirector shall issue an order granting or denying such relief expeditiously.Where the applicant requests relief from an order for cessation of coalsurface mining and reclamation operations issued pursuant to subsection A orB of § 45.1-245, the order on such a request shall be issued within five daysof its receipt. The Director may grant such relief, under such conditions ashe may prescribe, if:
1. A hearing has been held in the locality of the permit area on the requestfor temporary relief in which all parties were given an opportunity to beheard;
2. The applicant shows that there is substantial likelihood that the decisionof the Director will be favorable to him; and
3. Such relief will not adversely affect the health or safety of the publicor cause significant imminent environmental harm to land, air or waterresources.
D. Following the issuance of an order to show cause as to why a permit shouldnot be suspended or revoked pursuant to § 45.1-245, the Director shall hold apublic formal hearing, unless waived by the permittee, after giving writtennotice of the time, place and date thereof. Within sixty days following theformal hearing, the Director shall issue and furnish to the permittee and allother parties to the hearing a written decision concerning suspension orrevocation of the permit and reasons therefor. If the Director revokes thepermit, the permittee shall immediately cease coal surface mining operationson the permit area and shall complete reclamation within a period specifiedby the Director or the Director shall declare as forfeited the performancebonds for the operation.
E. The Director is authorized to promulgate regulations providing for theaward of costs and expenses, including attorney fees, to any party to anyadministrative proceedings under this chapter, incurred by such person inconnection with his participation in such proceedings and to assess suchcosts and expenses against any other party, as may be proper. For the purposeof this subsection, the term "party" shall include the Commonwealth or anyof its agents, officers or employees.
§ 45.1-249. Administrative review of notice or order issued under § 45.1-245.
A. A permittee who is issued a notice or order pursuant to § 45.1-245, or anyperson having an interest which is or may be adversely affected by suchnotice or order by any modification, vacation, or termination of such noticeor order, may apply to the Director for the review of the notice or orderwithin thirty days of the receipt thereof or within thirty days of itsmodification, vacation, or termination. Upon receipt of such application, theDirector shall cause such investigation to be made as he deems appropriate,which shall include an opportunity for a public formal hearing, at therequest of the applicant or the person having an interest which is or may beadversely affected, to enable the applicant or such person to presentinformation relating to the issuance and continuance of such notice or orderor the modification, vacation or termination thereof. The filing of anapplication for review under this subsection shall not operate as a stay ofany order or notice.
B. Upon receiving the report of such investigation, the Director shall makefindings of fact, and shall issue a written decision, incorporating thereinan order vacating, affirming, modifying or terminating the notice or ordercomplained of and incorporate his findings therein. When the application forreview concerns an order for cessation of coal surface mining and reclamationoperations issued pursuant to the provisions of subsection A or B of §45.1-245, the Director shall issue the written decision within thirty days ofthe receipt of the application for review unless temporary relief has beengranted by the Director pursuant to subsection C of this section or by acourt pursuant to § 45.1-251.
C. Pending completion of the hearing required by this section, the applicantmay file with the Director a written request that the Director granttemporary relief from any notice or order issued under § 45.1-245, togetherwith a detailed statement giving reasons for granting such relief. TheDirector shall issue an order granting or denying such relief expeditiously.Where the applicant requests relief from an order for cessation of coalsurface mining and reclamation operations issued pursuant to subsection A orB of § 45.1-245, the order on such a request shall be issued within five daysof its receipt. The Director may grant such relief, under such conditions ashe may prescribe, if:
1. A hearing has been held in the locality of the permit area on the requestfor temporary relief in which all parties were given an opportunity to beheard;
2. The applicant shows that there is substantial likelihood that the decisionof the Director will be favorable to him; and
3. Such relief will not adversely affect the health or safety of the publicor cause significant imminent environmental harm to land, air or waterresources.
D. Following the issuance of an order to show cause as to why a permit shouldnot be suspended or revoked pursuant to § 45.1-245, the Director shall hold apublic formal hearing, unless waived by the permittee, after giving writtennotice of the time, place and date thereof. Within sixty days following theformal hearing, the Director shall issue and furnish to the permittee and allother parties to the hearing a written decision concerning suspension orrevocation of the permit and reasons therefor. If the Director revokes thepermit, the permittee shall immediately cease coal surface mining operationson the permit area and shall complete reclamation within a period specifiedby the Director or the Director shall declare as forfeited the performancebonds for the operation.
E. The Director is authorized to promulgate regulations providing for theaward of costs and expenses, including attorney fees, to any party to anyadministrative proceedings under this chapter, incurred by such person inconnection with his participation in such proceedings and to assess suchcosts and expenses against any other party, as may be proper. For the purposeof this subsection, the term "party" shall include the Commonwealth or anyof its agents, officers or employees.
§ 45.1-249. Administrative review of notice or order issued under § 45.1-245.
A. A permittee who is issued a notice or order pursuant to § 45.1-245, or anyperson having an interest which is or may be adversely affected by suchnotice or order by any modification, vacation, or termination of such noticeor order, may apply to the Director for the review of the notice or orderwithin thirty days of the receipt thereof or within thirty days of itsmodification, vacation, or termination. Upon receipt of such application, theDirector shall cause such investigation to be made as he deems appropriate,which shall include an opportunity for a public formal hearing, at therequest of the applicant or the person having an interest which is or may beadversely affected, to enable the applicant or such person to presentinformation relating to the issuance and continuance of such notice or orderor the modification, vacation or termination thereof. The filing of anapplication for review under this subsection shall not operate as a stay ofany order or notice.
B. Upon receiving the report of such investigation, the Director shall makefindings of fact, and shall issue a written decision, incorporating thereinan order vacating, affirming, modifying or terminating the notice or ordercomplained of and incorporate his findings therein. When the application forreview concerns an order for cessation of coal surface mining and reclamationoperations issued pursuant to the provisions of subsection A or B of §45.1-245, the Director shall issue the written decision within thirty days ofthe receipt of the application for review unless temporary relief has beengranted by the Director pursuant to subsection C of this section or by acourt pursuant to § 45.1-251.
C. Pending completion of the hearing required by this section, the applicantmay file with the Director a written request that the Director granttemporary relief from any notice or order issued under § 45.1-245, togetherwith a detailed statement giving reasons for granting such relief. TheDirector shall issue an order granting or denying such relief expeditiously.Where the applicant requests relief from an order for cessation of coalsurface mining and reclamation operations issued pursuant to subsection A orB of § 45.1-245, the order on such a request shall be issued within five daysof its receipt. The Director may grant such relief, under such conditions ashe may prescribe, if:
1. A hearing has been held in the locality of the permit area on the requestfor temporary relief in which all parties were given an opportunity to beheard;
2. The applicant shows that there is substantial likelihood that the decisionof the Director will be favorable to him; and
3. Such relief will not adversely affect the health or safety of the publicor cause significant imminent environmental harm to land, air or waterresources.
D. Following the issuance of an order to show cause as to why a permit shouldnot be suspended or revoked pursuant to § 45.1-245, the Director shall hold apublic formal hearing, unless waived by the permittee, after giving writtennotice of the time, place and date thereof. Within sixty days following theformal hearing, the Director shall issue and furnish to the permittee and allother parties to the hearing a written decision concerning suspension orrevocation of the permit and reasons therefor. If the Director revokes thepermit, the permittee shall immediately cease coal surface mining operationson the permit area and shall complete reclamation within a period specifiedby the Director or the Director shall declare as forfeited the performancebonds for the operation.
E. The Director is authorized to promulgate regulations providing for theaward of costs and expenses, including attorney fees, to any party to anyadministrative proceedings under this chapter, incurred by such person inconnection with his participation in such proceedings and to assess suchcosts and expenses against any other party, as may be proper. For the purposeof this subsection, the term "party" shall include the Commonwealth or anyof its agents, officers or employees.
