1. (1) The State Regulatory Authority shall base its determination of eligibility of the applicant in the following:

   1. (a) The projected total actual and attributed tonnage of the applicant for each year of the proposed permit; and
   2. (b) Based on information readily available, issuance of the proposed permit is not precluded; and

   3. (c) Consideration of the applicant's past performance in services rendered under the Program for which the applicant was qualified. Factors to be considered shall include:

      1. 1. The term over which services were conducted under the Program and the status of completion at the time of termination of services.
      2. 2. The amount of funds expended at the time of termination of services.
      3. 3. The reason and justification for termination of services.
      4. 4. A determination of good faith based upon efforts by the operator at all times during the term of services under the Program.
      5. 5. Cooperation of the applicant with Regulatory Authority and contracted laboratory personnel in providing services required of the applicant under the Program.
      6. 6. Compliance with permitting and mining requirements of this Part for services completed under the Program.

2. (2) If the State Regulatory Authority finds the applicant eligible, it shall:

   1. (a) Determine the minimum data requirements necessary to meet the provisions of 880-X-8N-.10.
   2. (b) Select the services of one or more qualified laboratories to perform the required work. A copy of the contract or other appropriate work order and the final approved report shall be provided to the applicant.
3. (3) The State Regulatory Authority shall inform the applicant in writing if assistance is denied and shall state the reasons for denial.
4. (4) The granting of assistance under this part shall not be a factor in decisions by the Regulatory Authority on the permit application.

Statutory Authority: Code of Ala. 1975, §§9-16-71, 73, 74, 75, 80, 81, 82, 83.