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(225 ILCS 705/2.12)
(from Ch. 96 1/2, par. 312)
The Mining Board shall have power to promulgate rules and
regulations in connection with methods of coal mining affecting the
health and safety of persons employed in the coal mines.
The rules and regulations shall be promulgated in accordance with the following
procedure and standards:
Prior to the adoption, amendment, or repeal of any rule, the Director
(a) give at least 30 days notice of his intended action. The notice
shall include a statement of the terms or substance of the intended action or
of a description of the subjects and issues involved, and the time and the
place for interested persons to present their views thereon. The notice
shall be mailed to all persons who have made timely request of the Director
for advance notice of his rule-making proceedings and shall be published
in the official State
(b) afford all interested persons reasonable opportunity to submit
data, views, or arguments, orally or in writing, provided that the right
to cross examine any witnesses is given to any interested parties, if such
right is requested. The Director shall consider fully all written and oral
submissions respecting the proposed rule. No rule may be adopted
unless substantial evidence in support of such rule is presented
at such hearing. Upon adoption of a rule the Director, if requested to do so
by an interested person either prior to adoption or within 30 days thereafter,
shall issue a concise statement of the principal reasons for or against its
adoption, incorporating therein his reasons for overruling the considerations
urged against its adoption. No rule is valid unless adopted in substantial
compliance with this Section.
(c) The Director shall file in the office of the Secretary of State
a certified copy of each rule adopted by him. The Secretary of State shall keep
a permanent register of the rules open to public inspection.
(d) Each rule hereafter adopted is effective 30 days after filing,
except that, if a later date is specified in the rule, the later date is the
effective date. Any rule adopted hereunder shall not be retroactive. Any
operator shall have the right to proceed with operations under this Act
until the rules are adopted and no rules shall be made applicable to any
operations prior to the effective date thereof.
These rules and regulations shall be enforced by the Department.
(Source: P.A. 79-460.)