Statutes, codes, and regulations
Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. ofSubagency 0008 - Practice and Procedure
Chapter 9 - DIRECTOR REVIEW OF ACTIONS INVOLVING SURFACE COAL MINING OPERATIONS AND ALL HEARINGS BEFORE THE DEPARTMENT
Section 9-3 - Requests for Informal Disposition Conferences and Conferences to Review Notices for Abatement and Cessation Orders Involving Surface Coal Mining Operations

020-9 Wyo. Code R. § 9-3

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Current through April 27, 2019
Section 9-3 - Requests for Informal Disposition Conferences and Conferences to Review Notices for Abatement and Cessation Orders Involving Surface Coal Mining Operations

(a) Unless otherwise specified in the Wyoming Environmental Quality Act, and in accordance with W.S. 35-11-437, a request for the Director or his authorized representative to review and affirm, modify, vacate, or terminate a notice for abatement or cessation order shall be in writing and, at a minimum, contain:

  • (i) The name(s) and contact information of the person requesting the affirmation, modification, vacation, or termination of the notice for abatement or cessation order;
  • (ii) If applicable, the permit number;
  • (iii) A copy of the notice for abatement or cessation order; and
  • (iv) A brief statement identifying whether the person is requesting affirmation, modification, vacation, or termination of the notice or order, the facts on which that request is based, the reasoning for the request, and reference to any applicable statutes, rules, or orders supporting the request.

(b) Unless otherwise specified in the Wyoming Environmental Quality Act, and in accordance with W.S. 35-11-902, a request for an informal disposition conference shall be in writing and, at a minimum, contain:

  • (i) The name(s) and contact information of the person requesting the informal disposition conference;
  • (ii) If applicable, the permit number;
  • (iii) A copy of the notice for abatement or cessation order;
  • (iv) A copy of the notice of assessment of the penalty;
  • (v) A brief statement identifying whether the dispute is over the amount of the penalty or the occurrence of the violation; and
  • (vi) A brief statement describing why the violation or the amount of the penalty is unwarranted.

(c) A request for a conference to review a notice for abatement or cessation order shall be filed within thirty (30) days. A request for an informal disposition conference shall be filed within the time period provided under W.S. 35-11-902(d).

(d) If the Director grants a request under subsections (a) or (b) of this section, the Director shall inform the requesting person. If the Director denies a request under subsections (a) or (b) of this section, the denial shall be in writing.

(e) If an informal disposition conference or a conference to review a notice for abatement or cessation order is held, any person has the right to attend and participate in the conference. The procedure for the conference shall be informal with no pre-hearing conference, discovery, or cross-examination. The Director may record the conference by audio recording or court reporter and shall make any such recording available to all participants.

(f) The Director shall provide the participants:

  • (i) A written statement of any action taken or decisions rendered as a result of the conference; and
  • (ii) A notice of any available appeal to the Council.

(g) The terms of subsections (d), (e), and (f) of this section shall also apply to decisions made, or proceedings held, by the Director's authorized representative.

(h) At formal review proceedings before the Council that may follow an informal disposition conference or conference to review a notice for abatement or cessation order, no evidence as to statements made or evidence produced by one participant at the conference or review shall be introduced as evidence by another participant.

020-9 Wyo. Code R. § 9-3

Adopted, Eff. 4/24/2017.