Full Text of HB4697 97th General Assembly
HB4697 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4697 Introduced 2/3/2012, by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
|
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 the Department of Natural Resources shall issue its written decision modifying, granting, or denying (now, granting or denying) a permit in whole or in part and state the reasons for the Department's decision. Provides that no party to a formal adjudicatory hearing 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 modifying, granting, or denying (now, granting or denying) the permit.
|
| |
| | A BILL FOR |
|
| | | HB4697 | | LRB097 19396 CEL 64649 b |
|
| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Surface Coal Mining Land Conservation and | 5 | | Reclamation Act is amended by changing Section 2.11 as follows:
| 6 | | (225 ILCS 720/2.11) (from Ch. 96 1/2, par. 7902.11)
| 7 | | Sec. 2.11. Procedures for Approval.
| 8 | | (a) If a hearing has been held under Section 2.04, the | 9 | | Department shall
within 60 days after the last such hearing | 10 | | make its decision on the application
and shall promptly furnish | 11 | | the applicant, local government officials in the
area of the | 12 | | affected land, and persons who are parties to the | 13 | | administrative
proceedings, with the written findings of the | 14 | | Department and stating the
specific reasons for its decision.
| 15 | | (b) If no hearing has been held under Section 2.04, the | 16 | | Department shall
make its decision on the application within | 17 | | 120 days after receipt by the
Department of a complete | 18 | | application and shall promptly notify the applicant,
local | 19 | | government officials in the area of the affected land, and | 20 | | persons
who have submitted written comments on the application | 21 | | of the Department's
decision with the written findings of the | 22 | | Department and stating the
specific reasons for its decision.
| 23 | | (c) Within 30 days after the applicant is notified of the |
| | | HB4697 | - 2 - | LRB097 19396 CEL 64649 b |
|
| 1 | | final decision
of the Department on the permit application, the | 2 | | applicant or any person
with an interest that is or may be | 3 | | adversely affected may request a hearing on
the reasons for the | 4 | | final determination. The Department shall hold a hearing
within | 5 | | 30 days after this request and notify all interested parties at | 6 | | the time
that the applicant is notified. The notice shall be | 7 | | published in a newspaper of
general circulation published in | 8 | | each county in which any part of the area of
the affected land | 9 | | is located. The notice shall appear no more than 14 days nor
| 10 | | less than 7 days prior to the date of the hearing. The notice | 11 | | shall be no less
than one eighth page in size, and the smallest | 12 | | type used shall be twelve point
and shall be enclosed in a | 13 | | black border no less than 1/4 inch wide. The notice
shall not | 14 | | be placed in that portion of the newspaper where legal notices | 15 | | and
classified advertisements appear. The hearing shall be of | 16 | | record
and adjudicatory in nature. No person who presided at a | 17 | | hearing under Section
2.04 shall either preside at the hearing | 18 | | or participate in the decision on
the hearing. Within 30 days | 19 | | after the hearing, the Department shall issue,
and furnish the | 20 | | applicant, local government officials in the area of the
| 21 | | affected land, and all persons who participated in the hearing, | 22 | | its written
decision modifying, granting , or denying the permit | 23 | | in whole or in part and stating
the reasons for its decision. | 24 | | No party to a formal adjudicatory hearing under
this subsection | 25 | | may seek judicial review of the Department's final decision on
| 26 | | the permit application until after the issuance of the hearing |
| | | HB4697 | - 3 - | LRB097 19396 CEL 64649 b |
|
| 1 | | officer's
written decision modifying, granting , or denying the | 2 | | permit.
| 3 | | (d) If the application is approved under either subsection | 4 | | (a) or (b)
of this Section, the permit shall be issued.
| 5 | | (e) If a hearing is requested under subsection (c) of this | 6 | | Section, the
Department may, under such conditions as it may | 7 | | prescribe, grant such temporary
relief as it deems appropriate | 8 | | pending final determination of the proceedings
if all parties | 9 | | to the proceedings have been notified and given an opportunity
| 10 | | to be heard on a request for temporary relief, the person | 11 | | requesting such
relief shows that there is a substantial | 12 | | likelihood that he will prevail
on the merits of the final | 13 | | determination of the proceeding, and such relief
will not | 14 | | adversely affect the public health or safety or cause | 15 | | significant
imminent environmental harm to land, air, or water | 16 | | resources.
| 17 | | (f) If final action on an application does not occur within | 18 | | the times
prescribed in subsections (a) or (b) of this Section, | 19 | | whichever applies,
the applicant may deem the application | 20 | | denied, and such denial shall constitute
final action. The | 21 | | applicant may waive these time limits.
| 22 | | (g) For the purpose of hearings under this Section, the | 23 | | Department may
administer oaths, subpoena witnesses or written | 24 | | or printed materials, compel
attendance of the witnesses or | 25 | | production of the materials, and take evidence
including but | 26 | | not limited to site inspections of the land to be affected
and |
| | | HB4697 | - 4 - | LRB097 19396 CEL 64649 b |
|
| 1 | | other mining operations carried on by the applicant in the | 2 | | general vicinity
of the proposed operation. A verbatim record | 3 | | of each hearing under this
Section shall be made, and a | 4 | | transcript shall be made available on the
motion of any party | 5 | | or by order of the Department.
| 6 | | (Source: P.A. 88-63; 88-185; 88-670, eff. 12-2-94.)
|
|