Okla. Stat. tit. 45, § 45-773
This is the official text of Okla. Stat. tit. 45, § 45-773, 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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Release of performance bond or deposit - Notice to
Official statutory text
municipalities - Objections - Hearings - Informal conference -
Authority of department.
A. When any application for total or partial bond release is
filed with the Department, the Department shall notify any
municipality in which a surface coal mining operation is located by
certified mail at least thirty (30) days prior to the release of all
or a portion of the bond.
B. Any person with a valid legal interest which might be
adversely affected by release of the bond or the responsible
Oklahoma Statutes - Title 45. Mines and Mining Page 108
administration officer of any federal, state or local governmental
agency which has jurisdiction by law or special expertise with
respect to any environmental, social or economic impact involved in
the operation, or is authorized to develop and enforce environmental
standards with respect to such operations, shall have the right to
file written objections to the proposed release from bond to the
Department within thirty (30) days after the last publication of the
above notice. If written objections are filed and a hearing
requested, the Department shall inform all the interested parties of
the time and place of the hearing, and hold a public hearing in the
locality of the surface coal mining operation proposed for bond
release within thirty (30) days of the request for such hearing. The
date, time and location of such public hearings shall be advertised
as frequently as possible by the Department in each issue of a
newspaper of general circulation in the locality for two (2)
consecutive weeks, and shall hold a public hearing in the locality
of the surface coal mining operation proposed for bond release or at
the State Capitol Building at the option of the objector within
thirty (30) days of the request for such hearing.
C. Without prejudice to the rights of the objectors, to the
rights of applicant, or to the responsibilities of the Department
pursuant to this section, the Department may establish an informal
conference to resolve such written objections.
D. For the purpose of such hearing the Department shall have
the authority, pursuant to the Administrative Procedures Act, and is
hereby empowered to administer oaths, subpoena witnesses, or written
or printed materials, compel the attendance of witnesses, or
production of the materials, and take evidence including but not
limited to inspections of the land affected and other surface coal
mining operations carried on by the applicant in the general
vicinity. 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.
Authority of department.
A. When any application for total or partial bond release is
filed with the Department, the Department shall notify any
municipality in which a surface coal mining operation is located by
certified mail at least thirty (30) days prior to the release of all
or a portion of the bond.
B. Any person with a valid legal interest which might be
adversely affected by release of the bond or the responsible
Oklahoma Statutes - Title 45. Mines and Mining Page 108
administration officer of any federal, state or local governmental
agency which has jurisdiction by law or special expertise with
respect to any environmental, social or economic impact involved in
the operation, or is authorized to develop and enforce environmental
standards with respect to such operations, shall have the right to
file written objections to the proposed release from bond to the
Department within thirty (30) days after the last publication of the
above notice. If written objections are filed and a hearing
requested, the Department shall inform all the interested parties of
the time and place of the hearing, and hold a public hearing in the
locality of the surface coal mining operation proposed for bond
release within thirty (30) days of the request for such hearing. The
date, time and location of such public hearings shall be advertised
as frequently as possible by the Department in each issue of a
newspaper of general circulation in the locality for two (2)
consecutive weeks, and shall hold a public hearing in the locality
of the surface coal mining operation proposed for bond release or at
the State Capitol Building at the option of the objector within
thirty (30) days of the request for such hearing.
C. Without prejudice to the rights of the objectors, to the
rights of applicant, or to the responsibilities of the Department
pursuant to this section, the Department may establish an informal
conference to resolve such written objections.
D. For the purpose of such hearing the Department shall have
the authority, pursuant to the Administrative Procedures Act, and is
hereby empowered to administer oaths, subpoena witnesses, or written
or printed materials, compel the attendance of witnesses, or
production of the materials, and take evidence including but not
limited to inspections of the land affected and other surface coal
mining operations carried on by the applicant in the general
vicinity. 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.
Status: in_force · Read it on the official government site
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