PURPOSE: This rule sets forth the procedures for hearings and informal conferences pursuant to sections 444.773 and 444.787, RSMo.

1. (1) Hearings.

   1. (A) Any operator, whose permit application has been denied, may request a hearing before the Land Reclamation Commission if s/he notifies the director within fifteen (15) days of receipt of the notification of permit denial. The hearing will be held within fifteen (15) days of the date of the request.
   2. (B) A hearing concerning permit issuance may be requested by any person whose health, safety or livelihood is affected by the surface mining as defined in 10 CSR 40- 10.100(28) and who petitions the director within the initial fifteen (15)-day permit review period. Criteria used for the determination of the scheduling of a hearing should be based upon the finding that the person’s health, safety or livelihood is affected by noncompliance with any applicable laws or regulations.
   3. (C) If an owner of land that has been affected files a petition in opposition to the release of an operator’s bond within thirty

2. (30) days of the receipt date of the application for bond release, a hearing will be held to determine if the site meets bond release standards.

   1. (D) If the director recommends denial of an application for bond release, the operator may request a hearing within thirty (30) days of the receipt of the denial.
   2. (E) Within fifteen (15) days of being issued a formal complaint, the operator may request a hearing before the Land Reclamation Commission at its regular meeting.
   3. (F) For any decision of the commission made pursuant to a hearing held under this section, judicial review is provided in Chapter 536, RSMo. No judicial review shall be available, however, until and unless all administrative remedies are exhausted. The hearing shall also adhere to the requirements of section 444.789, RSMo and corresponding regulations.
   4. (G) For all hearings, the Land Reclamation Commission shall issue these orders as shall be appropriate and shall give notice to the operator and, if applicable, to the person requesting the hearing.
   5. (H) All final orders of the commission shall be subject to judicial review. Judicial review shall not become available until all administrative remedies are exhausted.

3. (2) Procedure for Hearings Before the Commission.

   1. (A) Any hearing shall be of record and shall be a contested case.
   2. (B) Those involved in the hearing may make oral argument, introduce testimony and evidence and cross-examine witnesses.

   3. (C) The hearing shall be before—

      1. 1. The commission as a body;
      2. 2. One (1) designated commission mem-

ber; or

1. 3. A member of the Missouri Bar or a

hearing officer.

1. (D) The full commission shall make the final decision as to the results of the hearing and shall issue written findings of fact and conclusions of law.
2. (E) Any member of the commission may issue, in the name of the commission, notice of hearing and subpoenas. The rules of discovery that apply to any civil case shall apply to hearings held by the commission.
3. (F) The commission immediately shall notify the operator of its decision by certified mail.

1. (3) Informal Conferences.

   1. (A) Within fifteen (15) days of receipt of a notice of violation, an operator may request an informal conference with the director at a location of the director’s discretion, unless the operator has been cited for failure to obtain a permit or for failure to renew a permit, and has been issued a notice of violation under 10 CSR 40-10.070(1). The director shall give as much advance notice as practicable of the informal conference to the operator and to the person who filed the complaint that led to the notice of violation, if applicable.

      1. 1. Within thirty (30) days of the close of

the informal conference, the director shall affirm, modify or vacate the notice or order in writing. Copies of the decision shall be sent to the operator.

1. (B) An informal conference may be requested by any person whose property, safety or health are adversely affected by a violation of the Land Reclamation Act and who requests the director for this informal conference. Within thirty (30) days of the informal conference, the director shall order the operator to adopt corrective measures as are necessary.
2. (C) Informal conferences are conducted by the director who shall take information from any person in attendance.

AUTHORITY: sections 444.767, RSMo Supp. 1993, 444.773, 444.775, 444.784, 444.787 and 444.789, RSMo Supp. 1990.* Original rule filed Aug. 2, 1991, effective Feb. 6, 1992. Amended: Filed June 1, 1994, effective Nov. 30, 1994.

*Original authority: 444.773, 444.775, 444.787 and 444.789, RSMo 1990; 444.767, RSMo 1971, amended 1990, 1993; and 444.784, RSMo 1971, amended 1990.