Alabama Administrative Code

(1) Except as provided in paragraph (2) of this section, all information submitted to the Alabama Surface Mining Commission under this chapter shall be made immediately available for public inspection and copying at the local offices of the Alabama Surface Mining Commission havin…

(1) Activities are exempt from the requirements of the Code of Ala. 1975, §§ 9-16-70, et seq., if all of the following are satisfied:(a) The cumulative production of coal extracted from the mining area determined annually as described in this paragraph does not exceed 16 2/3 perc…

A person conducting activities covered by this chapter shall: (1) Maintain on-site or at other locations available to authorized representatives of the Alabama Surface Mining Commission and the Secretary of Interior information necessary to verify the exemption including, but not…

(1) Coal. Coal extracted and stockpiled may be excluded from the calculation of cumulative production until the time of its sale, transfer to a related entity or use:(a) Up to an amount equaling a 12-month supply of the coal required for future sale, transfer or use as calculated…

(1) Alabama Surface Mining Commission responsibility. The Alabama Surface Mining Commission shall conduct an annual compliance review of the mining area, utilizing the annual report submitted pursuant to 880-X-2E-.11, an on-site inspection and any other information available to t…

(1) (a) Following approval by the Alabama Surface Mining Commission of an exemption for a mining area, the person receiving the exemption shall, for each mining area, file a written report annually with the Alabama Surface Mining Commission containing the information specified in…

This Rule provides general introductory and applicability material for the regulatory program required by Section 502(a) of Public Law 95-87 and Section 12(c) and other sections of the Alabama Surface Mining Control and Reclamation Act of 1981, which allow the continued operation…

The State Regulatory Authority will continue to regulate validly permitted surface coal mining operations pursuant to the interim standards by Section 506(a) of Public Law 95-87 and Executive Order No. 30 issued by Governor Fob James on June 4, 1980. The interim program regulatio…

(1) It is the responsibility of the permittee to conduct its surface coal mining and reclamation operations in accordance with these regulations, permit conditions and all applicable laws. (2) It is the responsibility of the permittee who wishes to continue surface coal mining an…

(1) The requirements of this Chapter apply to surface coal mining and reclamation operations validly permitted under the interim program until eight months after the date of approval of the State Regulatory Program. (2) The requirements of this Chapter apply to surface coal minin…

The following regulations are adopted in lieu of 30 CFR 715.19 of the Federal Interim Program. (a) General. 1. The permittee shall comply with all applicable local, State, and Federal laws and regulations and the requirements of this rule in the storage, handling, preparation, an…

The following regulations are adopted in lieu of 30 CFR 715.20 of the Federal Interim Program. (a) General. 1. The permittee shall establish on all land that has been disturbed, a diverse, effective, and permanent vegetative cover of species native to the area of disturbed land o…

The following regulations are adopted in lieu of 30 CFR 717.20 of the Federal Interim Program. (a) Topsoil shall be removed as a separate operation from areas to be disturbed by surface operations, such as roads and areas upon which support facilities are to be sited. Selected ov…

As used in the regulation in this Rule, the term -- (a) "Act" means the Alabama Surface Mining Control and Reclamation Act of 1981, Act 81-435, et seq. (b) "ASMC" means the Office of the Alabama Surface Mining Commission. (c) "Commission" means the Alabama Surface Mining Commissi…

(1) The jurisdiction of DHA as set forth in Section 8 of the Act includes the authority to exercise appellate review under the Act pertaining to --(a) Formal requests and subsequent appeals for review of decisions by the Regulatory Authority regarding determinations concerning pe…

These rules shall be construed to achieve the just, timely, and inexpensive determination of all proceedings consistent with adequate consideration of the issues involved. Author: Notes Ala. Admin. Code r. 880-X-5A-.03 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 7…

(1) To be eligible to practice under any of the provisions of this Act, a person must be admitted to the practice of law in the State of Alabama, or (2) Be specially admitted by a hearing officer for these proceedings pursuant to the following:(a) Such person must be an officer, …

All persons indicated in the Act as parties to administrative review proceedings under the Act shall be considered statutory parties. Such statutory parties include: (a) In a civil penalty proceeding under Sections 25 and 26 of the Act, the Regulatory Authority and any person aga…

(1) All pleadings and notices of actions in a proceeding to be conducted through DHA shall be filed by hand or by first class mail with the Division of Hearings and Appeals, Alabama Surface Mining Commission, 1802 4th Avenue, Post Office Box 2390, Jasper, Alabama 35502. (2) Any p…

(1) Any document filed with DHA in any proceeding brought under the Act shall be captioned with -- (a) The name of the parties; (b) The name and permit number of the mine to which the document relates; and (c) If applicable, identification by number of any notice or order sought …

(1) Any party initiating a proceeding shall serve copies of all documents on all statutory parties personally or by registered or certified mail return receipt requested. (2) Any party or other person shall serve any other documents being filed subsequently with DHA on all other …

(1) Any person, including a state, county, or municipal authority, may petition for leave to intervene at any stage of a proceeding under the Act. (2) A petitioner for leave to intervene shall assert that he has a statutory right to intervene. The hearing officer may consider oth…

Any party who initiated a proceeding before DHA may seek to withdraw by moving to dismiss at any stage of a proceeding and the hearing officer may grant such a motion. Author: Notes Ala. Admin. Code r. 880-X-5A-.10 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 7…

(1) Except for oral motions made in a proceeding on the record, or where the hearing officer otherwise directs, each motion shall be in writing and contain a concise statement of supporting grounds. Failure to make a timely motion or to file a statement may be construed as a waiv…

Upon motion by a party or at the initiative of the hearing officer, proceedings involving a common question of law or fact may be consolidated. Author: Notes Ala. Admin. Code r. 880-X-5A-.12 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 9…

(1) Except in temporary relief proceedings or expedited review proceedings and after a commencement of a proceeding any party may move to advance the scheduling of a proceeding. The motion shall be in writing and describe the exigent circumstances justifying an advancement and th…

Any party entitled to a hearing before a hearing officer may waive such right in writing properly filed as any other pleading. Where parties are directed by any rule in the regulations to file a responsive pleading on or before a specified time, any party who fails to file such r…

Except where temporary relief is granted, notices of violation and orders of cessation issued under the Act shall remain in effect during the pendancy of review before a hearing officer or the Commission. Author: Notes Ala. Admin. Code r. 880-X-5A-.15 Statutory Authority: Code of…

At a hearing all testimony shall be given under oath and recorded; however, the record shall not be transcribed unless further appeal is made or the State Regulatory Authority so directs. Author: Notes Ala. Admin. Code r. 880-X-5A-.16 Statutory Authority: Code of Ala. 1975, §§ 9-…

(1) The hearing officer shall have the following powers:(a) Administer oaths and affirmations; (b) Certify to official Acts; (c) Take and cause to be taken depositions of witnesses; (d) Issue and serve subpoenas; (e) Compel attendance of witnesses and the production of papers, bo…

Exparte contracts between representatives of the parties and the hearing officer shall be prohibited. Author: Notes Ala. Admin. Code r. 880-X-5A-.18 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 96.

(1) The hearing officer shall give notice to the parties of the time, place, and nature of any hearing. Notice shall be in writing except where time is of the essence in expedited review proceedings and temporary relief proceedings. Oral notices shall be entered on the records, s…

(1) At any time after a proceeding has begun a party may move for summary decision of the whole or part of a case. (2) The moving party under this section shall verify any allegations of fact with supporting affidavits, unless the moving party is relying upon depositions, answers…

The hearing officer shall allow the parties to a proceeding an opportunity to submit proposed findings of fact and conclusions of law together with a supporting brief at a time designated by the hearing officer. Author: Notes Ala. Admin. Code r. 880-X-5A-.21 Statutory Authority: …

(1) (a) Within 30 days after the close of any hearing, the hearing officer shall either affirm, modify or set aside the determination appealed from in a written decision incorporating specific findings of fact and conclusions of law on which the decision is based. (b) The DHA sha…

Unless otherwise notified by a hearing officer, discovery under DHA will be generally governed by the discovery rules of the Alabama Rules of Civil Procedure. Exception may be taken to them, however, by a hearing officer considering the nature of the case, burden on the parties, …

Any person having an interest which may be adversely affected by the Regulatory Authority's determination may file for appeal with DHA. Author: Notes Ala. Admin. Code r. 880-X-5A-.24 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 72, 73, 74, 75, 77, 78, 79, 88, 89, 93, 94, 9…

(1) Notice of determination by the Regulatory Authority will be effective upon the mailing of that notice to the parties at their last known address. From this date a person who may be adversely affected must file a petition for review or appeal with DHA within thirty (30) days. …

(1) The petition shall include: (a) A concise statement indicating why a penalty, fact of violation, or other ruling by the Regulatory Authority is being contested; (b) If applicable, an identification by number of all violations being contested and a copy of any notice or order …

(1) Where an appeal is filed, the Regulatory Authority, or any adverse party shall file an answer: (a) Within one (1) day in the case of an application for temporary relief and an application for expeditious review of a cessation order; or (b) Within twenty-eight (28) days in all…

(1) An appeal may be amended once as a matter or right prior to the filing of an answer and thereafter by leave of the hearing officer, upon proper motion. (2) Upon receipt of an amended application for review or subsequent to granting leave to amend, the hearing officer shall is…

Upon proper motion or after the issuance of an order to show cause by the hearing officer, the hearing officer may dismiss at any time an appeal which fails to state a claim upon which relief may be granted. Author: Notes Ala. Admin. Code r. 880-X-5A-.29 Statutory Authority: Code…

(1) As noted in Rule 880-X-5A-.16 et seq., the hearing officer shall regulate the course of the hearing. (2) Unless otherwise indicated by the hearing officer, the general rules of evidence in the courts of the State of Alabama will be applicable to all DHA proceedings. Exception…

(1) The jurisdiction of the Commission as set forth in Section 10 of the Act includes the authority to: (a) Review all decisions of the DHA and this review shall be based on the administrative record; (b) Hear appeals from the Regulatory Authority with regard to blasting under Se…

(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 …

(1) Orders or decisions disposing of a case shall be in writing and incorporate: (a) Findings of fact and conclusion of law and the basis and reasons thereof on all the material issues of fact and law; and (b) If applicable an order granting or denying relief. (c) The decision of…

(1) Any party as defined in Rule 880-X-5A-.05 of Chapter 880-X-5 and who has participated in the administrative proceedings as an objector (appellent) shall have the right to appeal as approved in Paragraph (2) of this Rule, if --(a) The applicant is aggrieved by the decision of …

Whenever any order shall be issued under Section 10 or as a result of any administrative proceedings under the Act, at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney's fees) as determined by the Commission or, if no fu…

The Division of Hearings and Appeals shall be subject to the Alabama Rules of Civil Procedure except as said Rules shall be in conflict with these Rules and Regulations as contained in Section 880-X-5A, et seq., (Section 10, et seq.). Author: Notes Ala. Admin. Code r. 880-X-5A-.3…

This Rule establishes general criteria for licenses and license application requirements. Author: Notes Ala. Admin. Code r. 880-X-6A-.01 Statutory Authority: Code of Ala. 1975, §§ 9-16-71, 73, 74, 75, 80, 81.