Statutes, codes, and regulations
Alabama Administrative Code
Title 880 - ALABAMA SURFACE MINING COMMISSION
Chapter 880-X-5A - SPECIAL RULES FOR HEARINGS AND APPEALS SPECIAL RULES APPLICABLE TO SURFACE COAL MINING HEARINGS AND APPEALS
Section 880-X-5A-.32 - Commission Procedure For Appeals And Petitions For Review

Ala. Admin. Code r. 880-X-5A-.32

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Current through Register Vol. 43, No. 1, October 31, 2024
Section 880-X-5A-.32 - Commission Procedure For Appeals And Petitions For Review
(1) All petitions for review of DHA decisions:
(a) Shall be made according to the same procedural requirements as set forth in Rules 880-X-5A-.05, 880-X-5A-.06, 880-X-5A-.07, 880-X-5A-.08, 880-X-5A-.09, 880-X-5A-.10, 880-X-5A-.12, 880-X-5A-.13, and 880-X-5A-.19 of these Rules and Regulations for appeals or petitions for review from the Regulatory Authority to DHA. These requirements shall not abrogate in any way the fact that the review by the Commission shall be based solely on a review of the administrative record.
(b) Shall include a brief and concise statement as to the reason for the petition and shall not contain any new or additional evidence as to the substance of the dispute.
(c) May include a supporting brief stating findings of fact and conclusions of law provided said brief accompanies the petition for review.
1. A reply brief stating findings of fact and conclusion of law may be filed by an adverse party in interest within seven (7) days.
(d) The Commission may grant or deny the petition for review, and if --
1. The Commission takes no action on the petition within 30 days of its receipt, automatic denial shall result;
2. It grants a petition for review but fails to act within 90 days of the granting, automatic affirmance shall result.
(2) All appeals from decisions of the Regulatory Authority under Sections 22(f) and 28 of the Act:
(a) Shall be governed by the same procedural requirements of these Rules and Regulations that apply to appeals from the Regulatory Authority to the DHA; and
(b) The contents of such an appeal to the Commission shall be the same as required for an appeal or a petition for review to the DHA.
(3) The Commission shall construe these procedural Rules and Regulations to achieve the just, timely, and inexpensive determination of all proceedings consistent with adequate consideration of the issues involved.
(4) No Commission member shall participate in the appeal if he has an interest in the outcome or if he has participated in any informal conferences prior to the State Regulatory Authority's determination of the matter which resulted in the appeal before the Commission.

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Ala. Admin. Code r. 880-X-5A-.32

Statutory Authority:Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.