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.