§1275 Review by Secretary

Summary

Anyone affected by a written notice or order from the Secretary can ask the Secretary to review it. The request must be filed within 30 days of getting the notice or of any change to it. The Secretary will investigate and can hold a public hearing if the person asking or anyone else who might be hurt by the notice requests one. People must get written notice of the hearing at least 5 days before it starts. Asking for a review does not pause the original notice or order. After the investigation the Secretary will make findings and write a decision that can cancel, change, keep, or end the notice or order. If the review is about an order to stop surface coal mining, the Secretary must decide within 30 days unless temporary relief is already granted. While the review is pending, the applicant can ask quickly for temporary relief and must give reasons. For stop-mining orders the Secretary must rule on that request within 5 days. Temporary relief can be granted only if a local hearing was held, the applicant is likely to win, and the relief won’t harm public health, safety, or cause imminent serious environmental damage. For show-cause hearings about suspending or revoking a permit, the Secretary holds a public hearing, decides within 60 days, and if the permit is revoked mining must stop and reclamation finish in the time set or bonds may be forfeited. At a person’s request, reasonable costs and attorney fees may be awarded and charged to either party as the Secretary or a court finds proper.