444.775. Release of bond, conditions--petition, hearing--administrative review.
Release of bond, conditions--petition, hearing--administrativereview.
444.775. 1. Prior to release of the bond or any portion thereof,application shall be made by the operator to the commission, either withthe completion of the report referred to in section 444.774 or subsequentto such report, for release of the bond.
2. The commission shall cause to have investigated the status ofreclamation on land for which a release application has been filed.
3. If the director or the commission determines that the bond, or anyportion thereof, should be released, an order may be so issued withouthearing. If an owner of the land that has been affected by surface miningfiles a petition in opposition to the release of the bond within thirtydays of the receipt date of the application for release, a hearing may beheld, if the bond release criteria does not meet permit standards. Ahearing may also be held if the director, within thirty days of the receiptdate of the application for release, recommends denial of the applicationfollowing its investigation. In such cases, the commission may hold ahearing as provided in section 444.789 and enter such order as shall beappropriate.
4. If the commission determines that the bond or any portion thereofshould not be released, the commission shall issue an order to that effectwith the reasons for the order and shall give notice to the operator. Ahearing shall be held by the commission as provided in section 444.789 ifrequested by the operator within thirty days of the date of notice of theorder. At such hearing burden of proof shall be on the operator. Afterhearing, the commission shall enter such order as shall be appropriate andshall give notice to the operator.
5. All final decisions or orders of the commission shall be subjectto judicial review as provided for in chapter 536, RSMo. No judicialreview shall be available, however, until and unless all administrativeremedies are exhausted.
(L. 1990 H.B. 1584, A.L. 2001 H.B. 453)