(a) There is created a Division of Hearings and Appeals within the Alabama Surface Mining Commission to enforce this article. The division shall have such powers and authority as required by law and as delegated by the director.
(b) The commission may hire or contract with hearing officers to hear and determine appeals from regulatory, enforcement, or other activities of the commission. A hearing officer shall be a member of and in good standing with the Alabama State Bar.
(c) No person shall serve as a hearing officer who has any direct or indirect financial interest in an underground or surface coal mining operation or who has been employed by or represented any coal mine operator within the previous 24 months.
Structure Code of Alabama
Title 9 - Conservation and Natural Resources.
Chapter 16 - Mineral Resources.
Article 3 - Surface Mining Control and Reclamation.
Section 9-16-70 - Short Title.
Section 9-16-72 - Definitions.
Section 9-16-74 - Surface Mining Commission - Powers.
Section 9-16-76 - Conflict of Interest; Penalty.
Section 9-16-77 - Division of Hearings and Appeals.
Section 9-16-78 - Hearing Officer; Powers; Witness Fees.
Section 9-16-79 - Hearings and Appeals Procedure.
Section 9-16-81 - Licenses Required; Application; Qualifications; Fees.
Section 9-16-84 - Reclamation Plans; Contents.
Section 9-16-86 - Permits - Revisions; Application; Revision or Modification by Authority.
Section 9-16-87 - Permits - Coal Exploration.
Section 9-16-88 - Permits - Review and Appeal of Applications.
Section 9-16-89 - Performance Bonds and Bond Releases.
Section 9-16-90 - Environmental Protection Performance Standards.
Section 9-16-91 - Surface Effects of Underground Coal Mining; Requirements; Remedies.
Section 9-16-95 - Citizens' Actions; Attorneys, etc., Fees Allowed as Damages.
Section 9-16-97 - Water Rights.
Section 9-16-98 - Experimental Practices.
Section 9-16-99 - Surface Mining Operations Not Subject to This Article.
Section 9-16-100 - Confidentiality of Records.
Section 9-16-101 - Leases of Certain Lands.
Section 9-16-102 - Reports of Certain Coal Sales.
Section 9-16-103 - Alabama Surface Mining Fund.
Section 9-16-104 - Reimbursement and Funding.
Section 9-16-105 - Constitutionality and Validity of Article.
Section 9-16-106 - Provisions Cumulative; Certain Laws Not Repealed.