---
kind: "range"
citation: "43 C.F.R. §§ 4.1350–4.1356"
title: "43"
from: "4.1350"
to: "4.1356"
count: 7
url: "https://uscodex.org/cfr/43/4.1350..4.1356"
---

# §4.1350. Scope.


These rules set forth the procedures for obtaining review of a preliminary finding by OSM under section 510(c) of the Act and [30 CFR 774.11(c)](/cfr/30/774.11.md?p=c) of an applicant's or operator's permanent permit ineligibility.


# §4.1351. Preliminary finding by OSM.

- (a) If OSM determines that an applicant or operator controls or has controlled surface coal mining and reclamation operations with a demonstrated pattern of willful violations and the violations are of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the Act, its implementing regulations, the regulatory program, or the permit, OSM must serve a preliminary finding of permanent permit ineligibility on the applicant or operator.
- (b) OSM must serve the preliminary finding by certified mail, or by overnight delivery service if the applicant or operator has agreed to bear the expense for this service. The preliminary finding must specifically state the violations upon which it is based.

# §4.1352. Who may file; where to file; when to file.

- (a) The applicant or operator may file a request for hearing on OSM's preliminary finding of permanent permit ineligibility.
- (b) The request for hearing must be filed with DCHD, within 30 days of receipt of the preliminary finding by the applicant or operator.
- (c) Failure to file a timely request constitutes a waiver of the opportunity for a hearing before OSM makes its final finding concerning permanent permit ineligibility. Any untimely request will be denied.

# §4.1353. Contents of request.


The request for hearing shall include—

- (a) A clear statement of the facts entitling the one requesting the hearing to administrative relief;
- (b) An explanation of the alleged errors in OSM's preliminary finding; and
- (c) **Any other relevant information.**

# §4.1354. Determination by the administrative law judge.


The administrative law judge shall promptly set a time and place for and give notice of the hearing to the applicant or operator and shall issue a decision within 60 days of the filing of a request for hearing. The hearing shall be of record and governed by [5 U.S.C. 554](/usc/5/554.md).


# §4.1355. Burden of proof.


OSM shall have the burden of going forward to establish a prima facie case and the ultimate burden of persuasion as to the existence of a demonstrated pattern of willful violations of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the Act, its implementing regulations, the regulatory program, or the permit.


# §4.1356. Appeals.

- (a) Any party aggrieved by the decision of the administrative law judge may appeal to the Board under procedures set forth in [§ 4.1271](/cfr/43/4.1271.md) et seq. of this subpart, except that the notice of appeal must be filed within 20 days of receipt of the administrative law judge's decision.
- (b) The Board shall order an expedited briefing schedule and shall issue a decision within 45 days of the filing of the appeal.