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90_HB3129
225 ILCS 720/2.11 from Ch. 96 1/2, par. 7902.11
Amends the Surface Coal Mining Land Conservation and
Reclamation Act. Provides that at any hearing to review a
final decision of the Department on a permit application, a
party seeking to reverse the Department's decision has the
burden of proving the Department's decision was clearly
erroneous. Effective immediately.
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1 AN ACT to amend the Surface Coal Mining Land Conservation
2 and Reclamation Act by changing Section 2.11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Surface Coal Mining Land Conservation and
6 Reclamation Act is amended by changing Section 2.11 as
7 follows:
8 (225 ILCS 720/2.11) (from Ch. 96 1/2, par. 7902.11)
9 Sec. 2.11. Procedures for Approval.
10 (a) If a hearing has been held under Section 2.04, the
11 Department shall within 60 days after the last such hearing
12 make its decision on the application and shall promptly
13 furnish the applicant, local government officials in the area
14 of the affected land, and persons who are parties to the
15 administrative proceedings, with the written findings of the
16 Department and stating the specific reasons for its decision.
17 (b) If no hearing has been held under Section 2.04, the
18 Department shall make its decision on the application within
19 120 days after receipt by the Department of a complete
20 application and shall promptly notify the applicant, local
21 government officials in the area of the affected land, and
22 persons who have submitted written comments on the
23 application of the Department's decision with the written
24 findings of the Department and stating the specific reasons
25 for its decision.
26 (c) Within 30 days after the applicant is notified of
27 the final decision of the Department on the permit
28 application, the applicant or any person with an interest
29 that is or may be adversely affected may request a hearing on
30 the reasons for the final determination. The Department
31 shall hold a hearing within 30 days after this request and
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1 notify all interested parties at the time that the applicant
2 is notified. The notice shall be published in a newspaper of
3 general circulation published in each county in which any
4 part of the area of the affected land is located. The notice
5 shall appear no more than 14 days nor less than 7 days prior
6 to the date of the hearing. The notice shall be no less than
7 one eighth page in size, and the smallest type used shall be
8 twelve point and shall be enclosed in a black border no less
9 than 1/4 inch wide. The notice shall not be placed in that
10 portion of the newspaper where legal notices and classified
11 advertisements appear. The hearing shall be of record and
12 adjudicatory in nature. No person who presided at a hearing
13 under Section 2.04 shall either preside at the hearing or
14 participate in the decision on the hearing. Within 30 days
15 after the hearing, the Department shall issue, and furnish
16 the applicant, local government officials in the area of the
17 affected land, and all persons who participated in the
18 hearing, its written decision granting or denying the permit
19 in whole or in part and stating the reasons for its decision.
20 No party to a formal adjudicatory hearing under this
21 subsection may seek judicial review of the Department's final
22 decision on the permit application until after the issuance
23 of the hearing officer's written decision granting or denying
24 the permit.
25 (d) If the application is approved under either
26 subsection (a) or (b) of this Section, the permit shall be
27 issued.
28 (e) If a hearing is requested under subsection (c) of
29 this Section, the Department may, under such conditions as it
30 may prescribe, grant such temporary relief as it deems
31 appropriate pending final determination of the proceedings if
32 all parties to the proceedings have been notified and given
33 an opportunity to be heard on a request for temporary relief,
34 the person requesting such relief shows that there is a
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1 substantial likelihood that he will prevail on the merits of
2 the final determination of the proceeding, and such relief
3 will not adversely affect the public health or safety or
4 cause significant imminent environmental harm to land, air,
5 or water resources.
6 (f) If final action on an application does not occur
7 within the times prescribed in subsections (a) or (b) of this
8 Section, whichever applies, the applicant may deem the
9 application denied, and such denial shall constitute final
10 action. The applicant may waive these time limits.
11 (g) For the purpose of hearings under this Section, the
12 Department may administer oaths, subpoena witnesses or
13 written or printed materials, compel attendance of the
14 witnesses or production of the materials, and take evidence
15 including but not limited to site inspections of the land to
16 be affected and other mining operations carried on by the
17 applicant in the general vicinity of the proposed operation.
18 A verbatim record of each hearing under this Section shall be
19 made, and a transcript shall be made available on the motion
20 of any party or by order of the Department. At any hearing
21 under this Section, the party seeking to reverse the
22 Department's decision shall have the burden of proving the
23 Department's decision was clearly erroneous.
24 (Source: P.A. 88-63; 88-185; 88-670, eff. 12-2-94.)
25 Section 99. Effective date. This Act takes effect upon
26 becoming law.