Section 100.10  Authority and Definitions

a)         Authority

            These Rules (hereinafter referred to as "Rules of Procedure") are hereby established and issued by the Director of the Department of Natural Resources pursuant to Section 2.14 of the Coal Mining Act of 1953, as amended, now in force in the State of Illinois, which empower the Director to "promulgate rules necessary for the effective and orderly conduct of hearings" held pursuant to the Act [225 ILCS 705/2.14].

b)         Definitions

            Whenever used or referred to in these Rules of Procedure, unless a different meaning clearly appears from the context:

            "Act" means the Coal Mining Act of 1953, as amended;

            "Adjudicatory Proceedings" means a proceeding including, but not restricted to a hearing or hearings, in which the legal rights, duties, or privileges of a party are, as required by the Act, determined by the Department;

            "Board" means the Mining Board of the Department of Natural Resources, Office of Mines and Minerals of the State of Illinois or the Director of the Office of Mines and Minerals in his capacity as executive officer of said Board;

            "Department" means the Department of Natural Resources of the State of Illinois;

            "Director" means the Director of the Department of Natural Resources or duly appointed Acting Director, or, in his absence from the State or in any event of his incapacity to act, his next immediate subordinate statutory officer within said Department;

            "Interested Person" means any individual, partnership, corporation, association, or public or private organization which has made a timely request to the Director for notice with respect to Rule-making proceedings under Section 2 of the Act;

            "Party" means any person as defined in these Rules of Procedure, including the Director and the Department, who or which has filed a petition, application, complaint, or answer or has been granted leave to intervene in any proceeding conducted under these Rules of Procedure;

            "Person" means any individual, partnership, corporation, association, public or private organization;

            "Proceedings" means any formal or informal Board process as defined by Section 100.10(b) "ajudicatory proceedings" and "rule making proceedings" of these Rules of Procedure;

            "Record" means that compilation of information presented to the Mining Board in any matter conducted pursuant to the Act, including, but not limited to, the transcript of any hearing, and any submissions data and documents;

            "Respondent" means any party to an adjudicatory proceeding against whom a petition or complaint has been filed;

            "Rule" means the whole or a part of the statement by the Department for general or particular applicability and future effect designed to implement or interpret the Act or Departmental policy under the Act; and

            "Rule-making Proceedings" means the process of promulgating, interpreting, amending, or rescinding a rule.