§ 86.355. Criteria for approval of application.
(a) The Department will not issue, renew or amend the license of any person who mines coal by the surface mining method if, after investigation and an opportunity for an informal conference, it finds one or more of the following:
(1) The applicant has failed, and continues to fail, to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by a written notice from the Department of a declaration of forfeiture of a person’s bonds. The Department will consider the applicant to be in compliance, for purposes of determining whether the license will be issued, renewed or amended, when the applicant is in compliance with a schedule approved by the Department in writing.
(2) The applicant has shown a lack of ability or intention to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by written notice from the Department of a declaration of forfeiture of a person’s bonds.
(3) The applicant has a partner, associate, officer, parent corporation, subsidiary corporation, contractor or subcontractor which has failed and continues to fail to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by a written notice from the Department of a declaration of forfeiture of a persons’ bonds. The Department will consider the applicant to be in compliance, for purposes of determining whether the license shall be issued, renewed or amended, when the conduct is being corrected to the satisfaction of the Department in accordance with a schedule approved by the Department in writing.
(4) The applicant has a partner, associate, officer, parent corporation, subsidiary corporation, contractor or subcontractor which has shown a lack of ability or intention to comply with an adjudicated proceeding, cessation order, consent order and agreement or decree, or as indicated by a written notice from the Department of a declaration of forfeiture of a person’s bonds.
(b) The Department will issue a notice of intention not to issue, renew or amend a license for the reasons in subsection (a).
(c) Prior to the final action of not issuing, renewing or amending a license, the Department will notify the applicant, in writing, of the intention not to issue, renew or amend the license, and the opportunity for an informal conference.
(d) A person who opposes the Department’s decision on issuance, renewal or amendment of a license has the burden of proof.
(e) For the purposes of this section, ‘‘adjudicated proceeding’’ means a final unappealed order of the Department or a final order of the EHB or other court of competent jurisdiction.
Cross References This section cited in 25 Pa. Code § 86.357 (relating to informal conference); 25 Pa. Code § 88.333 (relating to cessation of operations: permanent); and 25 Pa. Code § 90.168 (relating to cessation of operations: permanent).
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