Okla. Stat. tit. 45, § 45-745.15
This is the official text of Okla. Stat. tit. 45, § 45-745.15, part of Oklahoma’s Stat. tit. 45, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 45,." Browse the sections below, each linked to its official government source.
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Temporary relief pending final determination of
Official statutory text
proceedings - Conduct of hearings - Appeals.
When a hearing is requested pursuant to this act, the Department
may, under such conditions as it may prescribe, grant such temporary
relief as it deems appropriate pending final determination of the
proceedings if:
1. All parties to the proceedings have been notified and given
an opportunity to be heard on a request for temporary relief;
2. The person requesting such relief shows that there is a
substantial likelihood that he will prevail on the merits of the
final determination of the proceeding; and
3. Such relief will not adversely affect the public health or
safety or cause significant imminent environmental harm to land, air
or water resources.
For the purpose of this and every hearing authorized by this
act, the Department may, pursuant to the Administrative Procedures
Act, administer oaths, subpoena witnesses, or written or printed
materials, compel attendance of the witnesses, or production of the
Oklahoma Statutes - Title 45. Mines and Mining Page 83
materials, and take evidence including, but not limited to, site
inspections of the land to be affected and other surface coal mining
operations carried on by the applicant in the general vicinity of
the proposed operation. A verbatim record of each public hearing
required by this act shall be made, and a transcript made available
on the motion of any party or by order of the Department.
Any applicant or any person with an interest which is or may be
adversely affected who has participated in the application process
as an objector, and who is aggrieved by the decision of the
Department, or if the Department fails to act within the time limits
specified in this act, shall have the right to appeal as provided by
Section 53 of this act.
When a hearing is requested pursuant to this act, the Department
may, under such conditions as it may prescribe, grant such temporary
relief as it deems appropriate pending final determination of the
proceedings if:
1. All parties to the proceedings have been notified and given
an opportunity to be heard on a request for temporary relief;
2. The person requesting such relief shows that there is a
substantial likelihood that he will prevail on the merits of the
final determination of the proceeding; and
3. Such relief will not adversely affect the public health or
safety or cause significant imminent environmental harm to land, air
or water resources.
For the purpose of this and every hearing authorized by this
act, the Department may, pursuant to the Administrative Procedures
Act, administer oaths, subpoena witnesses, or written or printed
materials, compel attendance of the witnesses, or production of the
Oklahoma Statutes - Title 45. Mines and Mining Page 83
materials, and take evidence including, but not limited to, site
inspections of the land to be affected and other surface coal mining
operations carried on by the applicant in the general vicinity of
the proposed operation. A verbatim record of each public hearing
required by this act shall be made, and a transcript made available
on the motion of any party or by order of the Department.
Any applicant or any person with an interest which is or may be
adversely affected who has participated in the application process
as an objector, and who is aggrieved by the decision of the
Department, or if the Department fails to act within the time limits
specified in this act, shall have the right to appeal as provided by
Section 53 of this act.
Status: in_force · Read it on the official government site
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