HB4697 EngrossedLRB097 19396 CEL 64649 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Surface Coal Mining Land Conservation and
5Reclamation Act is amended by changing Section 2.11 as follows:
6    (225 ILCS 720/2.11)  (from Ch. 96 1/2, par. 7902.11)
7    Sec. 2.11. Procedures for Approval.
8    (a) If a hearing has been held under Section 2.04, the
9Department shall within 60 days after the last such hearing
10make its decision on the application and shall promptly furnish
11the applicant, local government officials in the area of the
12affected land, and persons who are parties to the
13administrative proceedings, with the written findings of the
14Department and stating the specific reasons for its decision.
15    (b) If no hearing has been held under Section 2.04, the
16Department shall make its decision on the application within
17120 days after receipt by the Department of a complete
18application and shall promptly notify the applicant, local
19government officials in the area of the affected land, and
20persons who have submitted written comments on the application
21of the Department's decision with the written findings of the
22Department and stating the specific reasons for its decision.
23    (c) Within 30 days after the applicant is notified of the



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1final decision of the Department on the permit application, the
2applicant or any person with an interest that is or may be
3adversely affected may request a hearing on the reasons for the
4final determination. The Department shall hold a hearing within
530 days after this request and notify all interested parties at
6the time that the applicant is notified. The notice shall be
7published in a newspaper of general circulation published in
8each county in which any part of the area of the affected land
9is located. The notice shall appear no more than 14 days nor
10less than 7 days prior to the date of the hearing. The notice
11shall be no less than one eighth page in size, and the smallest
12type used shall be twelve point and shall be enclosed in a
13black border no less than 1/4 inch wide. The notice shall not
14be placed in that portion of the newspaper where legal notices
15and classified advertisements appear. The hearing shall be of
16record and adjudicatory in nature. No person who presided at a
17hearing under Section 2.04 shall either preside at the hearing
18or participate in the decision on the hearing. Once a hearing
19has started, the hearing officer may issue interim orders
20allowing the Department or the applicant to correct or alter
21the permit or application. Within 30 days after the hearing,
22the Department shall issue, and furnish the applicant, local
23government officials in the area of the affected land, and all
24persons who participated in the hearing, its written decision
25granting or denying the permit in whole or in part and stating
26the reasons for its decision. No party to a formal adjudicatory



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1hearing under this subsection may seek judicial review of the
2Department's final decision on the permit application until
3after the issuance of the hearing officer's written decision
4granting or denying the permit.
5    (d) If the application is approved under either subsection
6(a) or (b) of this Section, the permit shall be issued.
7    (e) If a hearing is requested under subsection (c) of this
8Section, the Department may, under such conditions as it may
9prescribe, grant such temporary relief as it deems appropriate
10pending final determination of the proceedings if all parties
11to the proceedings have been notified and given an opportunity
12to be heard on a request for temporary relief, the person
13requesting such relief shows that there is a substantial
14likelihood that he will prevail on the merits of the final
15determination of the proceeding, and such relief will not
16adversely affect the public health or safety or cause
17significant imminent environmental harm to land, air, or water
19    (f) If final action on an application does not occur within
20the times prescribed in subsections (a) or (b) of this Section,
21whichever applies, the applicant may deem the application
22denied, and such denial shall constitute final action. The
23applicant may waive these time limits.
24    (g) For the purpose of hearings under this Section, the
25Department may administer oaths, subpoena witnesses or written
26or printed materials, compel attendance of the witnesses or



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1production of the materials, and take evidence including but
2not limited to site inspections of the land to be affected and
3other mining operations carried on by the applicant in the
4general vicinity of the proposed operation. A verbatim record
5of each hearing under this Section shall be made, and a
6transcript shall be made available on the motion of any party
7or by order of the Department.
8(Source: P.A. 88-63; 88-185; 88-670, eff. 12-2-94.)
9    Section 99. Effective date. This Act takes effect upon
10becoming law.