| State |
Does Your Law Provide for A Public Hearing to Be Held? |
If So, Within a Certain Time Period? Please Indicate the Time Period If Applicable |
|
AL |
N |
-- |
|
AR |
Y |
Must be requested within 10 days of publication of the administratively complete permit application notice. Another hearing may be requested within 30 days after the draft permit decision notice has been published. |
|
AZ |
Y |
60-120 days. |
|
CA |
Y |
No set time period in regs. but must comply with the state's open meeting law (not less than 10 days notice). |
|
CO |
Y |
Usually within 30 days of submittal of application & again with decision. |
|
GA |
Y |
At discretion of Director. |
|
IL |
Y |
Within the first 45 days after the surface mining permit application is filed with the county clerk's office. |
|
IN |
N |
-- |
|
IA |
Y |
30-60 days. |
|
KS |
Y |
60 days (regulatory development); 30 days (violation). |
|
KY |
Y |
Request for public conference to be filed within 15 days of Public Notice to mine. |
|
ME |
Y |
Requested within 20 days after application is accepted for processing. |
|
MD |
Y |
Substantial completion of application. Must request hearing within 15 days of public notice. Hearing must be held no sooner than 15 days after notice. |
|
MS |
Y |
Before a Class I permit is issued or amended. Class I materials include bentonite, metallic ore, mineral clay, dolomite & phosphate. A hearing may be held for amendments to Class II permits. Class II materials include sand & gravel, clay, chalk, limestone. These hearings must have 30 days notice. |
|
MO |
Y |
Requests for hearings must be received within 15 days following public notice of an application. |
|
NV |
Y |
Most issues within 60 days. |
|
NJ |
Y |
At state & local level--variable. |
|
NM |
Y |
Within 30 days of date of public notice publication. |
|
NY |
Y |
Only if application requires an Environmental Impact Statement (EIS). Public hearing is not mandatory for routine applications. |
|
NC |
Y |
Public requests for public hearings on applications must be made within 30 days of notice of the application. Then, if significant public interest exists & the Director deems it warranted, the hearing must be held within 60 days of the end of the 30 day public hearing request period. |
|
OH |
N |
N/A |
|
OK |
Y |
An applicant must publish an application notice for a four week period. A comment period at fourteen days from last notice date is allowed. This brings the total comment period to six weeks. |
|
OR |
Y |
Formally for chemical process permits only. |
|
PA |
Y |
Within 60 days following the receipt of the request for a public hearing. |
|
SC |
Y |
If 10 or more requests; At least 30 days after Public Hearing Notice is advertised. |
|
SD |
Y |
45-6B only--large scale. A hearing is to be held by the SD Board of Minerals & Environment for any contested permit within 90 days of receipt of a complete application. A final decision is to be rendered within 120 days. There is a provision that allows the Dept. to request a 45 day extension from the applicant. Small scale times are somewhat compressed. |
|
TN |
N |
N/A |
|
TX |
Y |
Within 30 days of request. |
|
VA |
Y |
Within 10 days of notification from the operator that he is applying for a permit. |
|
WA |
Y |
(SEPA) Depends on type. |
|
WV |
N |
Note: Not required on permit review, but we do hold them. Time period N/A. |
|
WI |
Y |
Variable depending on which stage of review. Range is 45 to 180 days. |
|
WY |
Y |
20 days after end of public comment period. |
| State |
What Types of Appeal Procedures Does Your Law Provide For? (e.g. Administrative, Judicial)? |
How Long After a Public Hearing Until a Permit Decision is Required? |
|
AL |
Operators may appeal a decision by the Director and request a hearing according to Alabama Administrative Procedures Act. Then, if the operator disagrees with a final order from the Director, they may appeal to Circuit Court. |
-- |
|
AR |
Administrative appeal on the Director's decision. Judicial appeal on the Commission's decision. |
Within 30 days |
|
AZ |
Administrative Procedures Act |
As long as the Agency can take |
|
CA |
Administrative appeals allowed |
N/A |
|
CO |
Administrative & Judicial |
Average: 30 days |
|
GA |
Administrative & Judicial |
N/A |
|
IL |
Judicial |
No time limit specified |
|
IN |
Judicial review of Department decisions |
N/A |
|
IA |
Administrative & Judicial |
Do not hold hearings on issuance of a registration per se--technically we do not "permit" sites |
|
KS |
Administrative |
15 days |
|
KY |
Administrative request for formal hearing |
30 days |
|
ME |
Administrative & Judicial1 |
No set time frame for a decision2 |
|
MD |
Administrative |
30 days |
|
MS |
Appeal may be filed in Chancery Court within 20 days after the date of the Commission's decision or within its effective date |
30 days |
|
MO |
Administrative & Judicial |
Undetermined |
|
NV |
Appeal to State Environmental Commission; Judicial appeal allowed after administrative decision |
15 days |
|
NJ |
Administrative & Judicial |
Variable |
|
NM |
Administrative through judicial. |
-- |
|
NY |
Administrative & Judicial |
Depends on whether or not there is a legislative and/or ajudicatory hearing. If just a public hearing, permit can be issued immediately. |
|
NC |
Mining Act allows for applicant or other person to appeal the denial, suspension, modification or revocation of a permit, reclamation plan, bond release or civil penalty assessments. |
Immediately within 30 days of the public hearing & receipt of any supplemental information requested by the Dept. Varies if legislative &/or adjudicatory hearing held. |
|
OH |
Administrative appeal first to a Board of Review. Any Board decision can then be appealed to the Court of Common Pleas. |
N/A |
|
OK |
New regulations adopted in 1998 allow for formal hearing review after an informal conference is held. |
30 days from informal conference decision for appeal to formal hearing. 30 days, after adoption of formal hearing results, the permit may be issued. |
|
OR |
Contested case hearing--Court of Appeals (applicants & operators); Circuit Court for public. |
-- |
|
PA |
Administrative--permit revision or bond release; Judicial--appeals of Dept. decisions. |
60 days |
|
SC |
Administrative--Mining Council;
Judicial--Administrative Law Judge Division. |
Varies--permit specific |
|
SD |
Decisions of the Board may be appealed to the Circuit Court. |
In most cases the decision is rendered at the hearing. In complex cases requiring findings of fact & conclusions of law, decision may be delayed 30 days. |
|
TN |
Administrative. |
N/A |
|
TX |
Judicial |
Within 60 days of close of record |
|
VA |
Formal & informal administrative under Administrative Process Act. Final permit decision orders or regulations may be appealed to the Board of Surface Mining Review. Civil court. |
By policy, within 60 days. Hearing decision may require permit revision, issuance or denial. Time to issuance would vary accordingly. |
|
WA |
Administrative & Judicial |
For reclamation permit, 30 days after final SEPA decision |
|
WV |
Surface Mine Board |
None specified |
|
WI |
Administrative & Judicial |
90 days |
|
WY |
Administrative & Judicial |
60 days after an informal conference; 15 days after receipt of findings from a formal hearing |
