444.895. Review of cessation orders and permit suspensions and revocations--procedure--temporary relief--hearings, conduct.
Review of cessation orders and permit suspensions andrevocations--procedure--temporary relief--hearings, conduct.
444.895. 1. (1) A permittee issued a notice or orderpursuant to the provisions of section 444.885, or any personhaving an interest which is or may be adversely affected by suchnotice or order or by any modification, vacation, or terminationof such notice or order, may apply to the commission for reviewof the notice or order within thirty days of receipt thereof orwithin thirty days of its modification, vacation, or termination.Upon receipt of such application, the commission shall cause suchinvestigation to be made as it deems appropriate and shall setthe matter for public hearing no later than thirty days from thedate of application to enable the applicant or such person topresent information relating to the issuance and continuance ofsuch notice or order or the modification, vacation, ortermination thereof. The filing of an application for reviewshall not operate as a stay of any order or notice.
(2) The permittee and other interested persons shall begiven written notice of the time and place of the hearing atleast five days prior thereto. Any such hearing shall be acontested case.
2. Upon receiving the report of such investigation, andafter hearing, the commission shall make findings of fact andconclusions of law, and shall issue a written decision,incorporating therein an order vacating, affirming, modifying, orterminating the notice or order, or the modification, vacation,or termination of such notice or order complained of andincorporate its findings therein. Where the application forreview concerns an order for cessation of surface coal mining andreclamation operations issued pursuant to the provisions ofsection 444.885, the commission shall issue the written decisionwithin thirty days of the application for review unless temporaryrelief has been granted by the commission pursuant to subsection3 of this section.
3. Pending completion of the investigation and hearingrequired by this section, the applicant may file with thecommission a written request that the commission grant temporaryrelief from any notice or order issued under section 444.885together with a detailed statement giving reasons for grantingsuch relief. The commission shall issue an order or decisiongranting or denying such relief expeditiously; provided, thatwhere the applicant requests relief from an order for cessationof coal mining and reclamation operations issued pursuant tosubsection 1 or 2 of section 444.885, the order or decision onsuch a request shall be issued within five days of its receipt.The commission may grant such relief, under such conditions as itmay prescribe, if:
(1) A hearing has been held in the locality of the permitarea on the request for temporary relief in which all partieswere given an opportunity to be heard;
(2) The applicant shows that there is substantial likelihoodthat the findings of the commission will be favorable to him; and
(3) Such relief will not adversely affect the health orsafety of the public or cause significant, imminent environmentalharm to land, air, or water resources.
4. Following the issuance of an order to show cause as towhy a permit should not be suspended or revoked pursuant tosection 444.885, the commission shall hold a public hearing aftergiving written notice of the time, place, and date thereof. Anysuch hearing shall be of record. Within sixty days following thepublic hearing, the commission shall issue and furnish to thepermittee and all other parties to the hearing a writtendecision, and the reasons therefor, concerning suspension orrevocation of the permit. If the commission revokes the permit,the permittee shall immediately cease surface coal miningoperations on the permit area and shall complete reclamationwithin a period specified by the commission, or the commissionshall declare as forfeited the performance bonds for theoperation.
5. Whenever an order is issued under this section, or as aresult of any administrative proceeding under this law, at therequest of any person, a sum equal to the aggregate amount of allcosts and expenses (including attorney fees) as determined tohave been reasonably incurred by such person for or in connectionwith his participation in such proceedings, or for the cost ofrecording or transcribing the record, may be assessed againsteither party as the court, resulting from judicial review, or thecommission, resulting from administrative proceedings, deemsproper.
6. The chairman of the commission may designate onecommission member as hearing officer, or may appoint a member ingood standing of the Missouri bar as hearing officer to hold anyhearings under this section and section 444.885 and makerecommendations to the commission; except that in any hearingsfor temporary relief requiring a decision within five days thehearing officer shall make said decision. All final decisionsfrom hearings of a hearing officer when recommendations are madeshall be by the commission, and any member participating in thedecision shall review the record before making decision.
(L. 1979 H.B. 459)