Effective 28 Aug 1979

444.895. Review of cessation orders and permit suspensions and revocations — procedure — temporary relief — hearings, conduct. — 1. (1) A permittee issued a notice or order pursuant to the provisions of section 444.885, or any person having an interest which is or may be adversely affected by such notice or order or by any modification, vacation, or termination of such notice or order, may apply to the commission for review of the notice or order within thirty days of receipt thereof or within thirty days of its modification, vacation, or termination. Upon receipt of such application, the commission shall cause such investigation to be made as it deems appropriate and shall set the matter for public hearing no later than thirty days from the date of application to enable the applicant or such person to present information relating to the issuance and continuance of such notice or order or the modification, vacation, or termination thereof. The filing of an application for review shall not operate as a stay of any order or notice.

(2) The permittee and other interested persons shall be given written notice of the time and place of the hearing at least five days prior thereto. Any such hearing shall be a contested case.

2. Upon receiving the report of such investigation, and after hearing, the commission shall make findings of fact and conclusions of law, and shall issue a written decision, incorporating therein an order vacating, affirming, modifying, or terminating the notice or order, or the modification, vacation, or termination of such notice or order complained of and incorporate its findings therein. Where the application for review concerns an order for cessation of surface coal mining and reclamation operations issued pursuant to the provisions of section 444.885, the commission shall issue the written decision within thirty days of the application for review unless temporary relief has been granted by the commission pursuant to subsection 3 of this section.

3. Pending completion of the investigation and hearing required by this section, the applicant may file with the commission a written request that the commission grant temporary relief from any notice or order issued under section 444.885 together with a detailed statement giving reasons for granting such relief. The commission shall issue an order or decision granting or denying such relief expeditiously; provided, that where the applicant requests relief from an order for cessation of coal mining and reclamation operations issued pursuant to subsection 1 or 2 of section 444.885, the order or decision on such a request shall be issued within five days of its receipt. The commission may grant such relief, under such conditions as it may prescribe, if:

(1) A hearing has been held in the locality of the permit area on the request for temporary relief in which all parties were given an opportunity to be heard;

(2) The applicant shows that there is substantial likelihood that the findings of the commission will be favorable to him; and

(3) Such relief will not adversely affect the health or safety of the public or cause significant, imminent environmental harm to land, air, or water resources.

4. Following the issuance of an order to show cause as to why a permit should not be suspended or revoked pursuant to section 444.885, the commission shall hold a public hearing after giving written notice of the time, place, and date thereof. Any such hearing shall be of record. Within sixty days following the public hearing, the commission shall issue and furnish to the permittee and all other parties to the hearing a written decision, and the reasons therefor, concerning suspension or revocation of the permit. If the commission revokes the permit, the permittee shall immediately cease surface coal mining operations on the permit area and shall complete reclamation within a period specified by the commission, or the commission shall declare as forfeited the performance bonds for the operation.

5. Whenever an order is issued under this section, or as a result of any administrative proceeding under this law, at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined to have been reasonably incurred by such person for or in connection with his participation in such proceedings, or for the cost of recording or transcribing the record, may be assessed against either party as the court, resulting from judicial review, or the commission, resulting from administrative proceedings, deems proper.

6. The chairman of the commission may designate one commission member as hearing officer, or may appoint a member in good standing of the Missouri bar as hearing officer to hold any hearings under this section and section 444.885 and make recommendations to the commission; except that in any hearings for temporary relief requiring a decision within five days the hearing officer shall make said decision. All final decisions from hearings of a hearing officer when recommendations are made shall be by the commission, and any member participating in the decision shall review the record before making decision.

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(L. 1979 H.B. 459)