Public Act 097-0934
 
HB4697 EnrolledLRB097 19396 CEL 64649 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The Surface Coal Mining Land Conservation and 
Reclamation Act is amended  by changing Section 2.11 as follows:
 



    (225 ILCS 720/2.11)  (from Ch. 96 1/2, par. 7902.11)



    Sec. 2.11. Procedures for Approval. 

    (a) If a hearing has been held under Section 2.04, the 
Department shall
within 60 days after the last such hearing 
make its decision on the application
and shall promptly furnish 
the applicant, local government officials in the
area of the 
affected land, and persons who are parties to the 
administrative
proceedings, with the written findings of the 
Department and stating the
specific reasons for its decision.

    (b) If no hearing has been held under Section 2.04, the 
Department shall
make its decision on the application within 
120 days after receipt by the
Department of a complete 
application and shall promptly notify the applicant,
local 
government officials in the area of the affected land, and 
persons
who have submitted written comments on the application 
of the Department's
decision with the written findings of the 
Department and stating the
specific reasons for its decision.

    (c) Within 30 days after the applicant is notified of the 
final decision
of the Department on the permit application, the 
applicant or any person
with an interest that is or may be 
adversely affected may request a hearing on
the reasons for the 
final determination.  The Department shall hold a hearing
within 
30 days after this request and notify all interested parties at 
the time
that the applicant is notified. The notice shall be 
published in a newspaper of
general circulation published in 
each county in which any part of the area of
the affected land 
is located.  The notice shall appear no more than 14 days nor

less than 7 days prior to the date of the hearing.  The notice 
shall be no less
than one eighth page in size, and the smallest 
type used shall be twelve point
and shall be enclosed in a 
black border no less than 1/4 inch wide.  The notice
shall not 
be placed in that portion of the newspaper where legal notices 
and
classified advertisements appear. The hearing shall be of 
record
and adjudicatory in nature.  No person who presided at a 
hearing under Section
2.04 shall either preside at the hearing 
or participate in the decision on
the hearing.  Once a hearing 
has started, the hearing officer may issue interim orders 
allowing the Department or the applicant to correct or alter 
the permit or application. Within 30 days after the hearing, 
the Department shall issue,
and furnish the applicant, local 
government officials in the area of the
affected land, and all 
persons who participated in the hearing, its written
decision 
granting or denying the permit in whole or in part and stating

the reasons for its decision. No party to a formal adjudicatory 
hearing under
this subsection may seek judicial review of the 
Department's final decision on
the permit application until 
after the issuance of the hearing officer's
written decision 
granting or denying the permit.

    (d) If the application is approved under either subsection 
(a) or (b)
of this Section, the permit shall be issued.

    (e) If a hearing is requested under subsection (c) of this 
Section, the
Department may, under such conditions as it may 
prescribe, grant such temporary
relief as it deems appropriate 
pending final determination of the proceedings
if all parties 
to the proceedings have been notified and given an opportunity

to be heard on a request for temporary relief, the person 
requesting such
relief shows that there is a substantial 
likelihood that he will prevail
on the merits of the final 
determination of the proceeding, and such relief
will not 
adversely affect the public health or safety or cause 
significant
imminent environmental harm to land, air, or water 
resources.

    (f) If final action on an application does not occur within 
the times
prescribed in subsections (a) or (b) of this Section, 
whichever applies,
the applicant may deem the application 
denied, and such denial shall constitute
final action.  The 
applicant may waive these time limits.

    (g) For the purpose of hearings under this Section, the 
Department may
administer oaths, subpoena witnesses or written 
or printed materials, compel
attendance of the witnesses or 
production of the materials, and take evidence
including but 
not limited to site inspections of the land to be affected
and 
other mining operations carried on by the applicant in the 
general vicinity
of the proposed operation.  A verbatim record 
of each hearing under this
Section shall be made, and a 
transcript shall be made available on the
motion of any party 
or by order of the Department.

(Source: P.A. 88-63; 88-185; 88-670, eff. 12-2-94.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.