NOTICE OF FINAL APPROVAL AND OPERATIVE DATE:

Amendments to Assessment of Costs for Administrative Proceedings.

AGENCY NAME:  ALABAMA SURFACE MNING COMMISSION

 

RULE NO. & TITLE:    (Please click on the hyperlinks below to view the proposed rule amendments)

 

Alabama Administrative Code 880-X-5A-.35:  Assessment of Costs

 

INTENDED ACTION:  The Alabama Surface Mining Commission Amends the above-listed rules.

 

SUBSTANCE OF ACTION:  The rule amendment changes the regulations to more closely follow the Federal regulations.  The revised regulations allow any party the opportunity to be awarded costs and expenses by a final appellate body, as the final appellate body deems proper, where it can be demonstrated that the person initiated or participated in an administrative proceeding in bad faith for the purpose of harassing or embarrassing the permittee or the State Regulatory Authority.

 

Alabama Surface Mining Commission

Johnathan E. Hall, Director

P. O. Box 2390

Jasper, Alabama 35502-2390

 

DATE OF APPROVAL BY THE US OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT:

 

         October 26, 2016 Federal Register Notice:  81 FR 74302 (10/26/2016) (click to view)

 

 

Operative Date of this Rule:  October 26, 2016

 

CONTACT PERSON AT AGENCY:  Johnathan E. Hall, Director

 

 

 

                                                            JOHNATHAN E. HALL

                                                            Director

 

Copies of the proposed regulations are also available (either hard copy or on disc) at the Alabama Surface Mining Commission, 1811 Second Avenue, Second Floor, Pinnacle Bank Building, Jasper, Alabama.