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Title 43: Public Lands: Interior
Subtitle A: Office of the Secretary of the Interior
PART 4: DEPARTMENT HEARINGS AND APPEALS PROCEDURES
Subpart L: Special Rules Applicable to Surface Coal Mining Hearings and Appeals
: Request for Hearing on A Preliminary Finding Concerning A Demonstrated Pattern of Willful Violations Under Section 510(c) of the Act, 30 U.s.c. 1260(c) (federal Program; Federal Lands Program; Federal Program for Indian Lands)
4.1351 - Preliminary finding by OSM.
(a) If OSM determines that an applicant or operator controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations and the violations are of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the Act, its implementing regulations, the regulatory program, or the permit, OSM must serve a preliminary finding of permanent permit ineligibility on the applicant or operator.
(b) OSM must serve the preliminary finding by certified mail, or by overnight delivery service if the applicant or operator has agreed to bear the expense for this service. The preliminary finding must specifically state the violations upon which it is based.
[67 FR 61511, Oct. 1, 2002]
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