§ 86.125. Procedures: hearing requirements.
(a) Within 10 months of the receipt of a complete petition, the Department will hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held.
(b) The hearing shall be legislative and fact-finding in nature, without cross examination of witnesses.
(c) No person will bear the burden of proof or persuasion.
(d) A verbatim transcript of the hearing will be made and included in the public record.
(e) The Department will give notice of the date, time and location of the hearing by first class mail postmarked not less than 30 days before this scheduled hearing to:
(1) Local, State and Federal agencies which may have an interest in the decision on the petition.
(2) Persons known to the Department to have an ownership or other interest in the area covered by the petition.
(f) The Department will give notice of the date, time and location of the hearing by certified mail postmarked not less than 30 days before the scheduled hearing to the petitioner and to the intervenors.
(g) The Department will notify the general public of the date, time and location of the hearing by placing a newspaper advertisement once a week for 2 consecutive weeks in the locale of the area covered by the petition and once during the week prior to the scheduled date of the public hearing. The consecutive weekly advertisement will begin between 4 and 5 weeks before the scheduled date of the public hearing.
(h) The Department may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.
(i) Written comments on the petition will be received and considered 15 days after the conclusion of the public hearing. If a hearing will not be held on a petition, the comments may be received and considered for 45 days following publication of a notice that there will be no public hearing.
(j) Within 60 days of the close of the public comment period, the Department will prepare a recommendation to the EQB, including a statement of the reasons for the recommendation and provide written notice of its recommendation to the petitioner and intervenors.
(k) If all petitioners and intervenors so stipulate, the petition may be withdrawn from consideration prior to the hearing.
Authority The provisions of this § 86.125 amended under the Surface Mining Conservation and Reclamation Act (52 P. S. § § 1396.1—1396.19a); the Coal Refuse Disposal Control Act (52 P. S. § § 30.51—30.66); The Clean Streams Law (35 P. S. § § 691.1—691.1001); sections 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-20 and 510-30).
Source The provisions of this § 86.125 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended December 13, 1996, effective December 14, 1996, 26 Pa.B. 5962; amended October 8, 1999, effective October 9, 1999, 29 Pa.B. 5289. Immediately preceding text appears at serial pages (238932) and (223541).
Cross References This section cited in 25 Pa. Code § 86.103 (relating to procedures); 25 Pa. Code § 86.121 (relating to areas designated unsuitable for mining); 25 Pa. Code § 86.124 (relating to procedures: initial processing, recordkeeping and notification requirements); and 25 Pa. Code § 86.130 (relating to areas designated as unsuitable for mining).
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