Ala. Admin. Code r. 880-X-11B-.06

Current through Register Vol. 43, No. 1, October 31, 2024

Section 880-X-11B-.06 - Review Of Decision Not To Inspect Or Enforce

(1) Any person who is or may be adversely affected by a coal exploration or surface coal mining and reclamation operation may ask the State Regulatory Authority to review informally an authorized representative's decision not to inspect or take appropriate enforcement action with respect to any violation alleged by that person in a request for inspection under Rule 880-X-11B-.03. The request for informal review shall be in writing and include a statement of how the person is or may be adversely affected and why the decision merits review.

(2) The State Regulatory Authority shall conduct the informal review and inform the person, in writing, of the results of the review within 30 days of his or her receipt of the request. The person alleged to be in violation shall also be given a copy of the results of the review, except that the name of the person shall not be disclosed unless confidentiality has been waived.

(3) Informal review under this Rule shall not affect any right to formal review under §§5, 9, 10, and 27 of the Act.

Author:

Ala. Admin. Code r. 880-X-11B-.06

Statutory Authority:Code of Ala. 1975, § 9-16-71, 73, 74, 75, 76, 79, 80, 81, 82, 83, 87, 92, 93, 94.