43 C.F.R. § 4.1160
Scope
These regulations govern applications for review of—
(a) Notices of violation or the modification, vacation, or termination of a notice of violation under section 521(a)(3) of the Act; and
(b) Orders of cessation which are not subject to expedited review under § 4.1180 or the modification, vacation, or termination of such an order of cessation under section 521(a)(2) or section 521(a)(3).
Notes of Decisions
Cited in 9
cases, 1982–2005 · leading case: B & M Coal Corp., Counter-Defendant-Appellant v. Off. of Surface Mining Reclamation & Enf't, Counter-Claimant-Appellee, 699 F.2d 381 (7th Cir. 1983).
B & M Coal Corp., Counter-Defendant-Appellant v. Off. of Surface Mining Reclamation & Enf't, Counter-Claimant-Appellee, 699 F.2d 381 (7th Cir. 1983). “§ 1275 ; 43 C.F.R. §§ 4.1160 et seq. The operator is entitled to a full, adversarial, evidentiary hearing before an administrative law judge, who reviews the validity of the notice and has the power to vacate, affirm, or modify the citation.”
Commonwealth Nat. Resources & Env't Prot. Cabinet v. Kentec Coal Co., 177 S.W.3d 718 (Ky. 2005). “16 ; 43 C.F.R. § 4.1160 et seq.; but, by doing so, the permittee waives the further right to a more formal administrative review of that issue.”
United States v. Crooksville Coal Co., Inc., 560 F. Supp. 141 (S.D. Ohio 1982). “§ 1275 and 43 C.F.R. § 4.1160 et seq. 4 . The possible length of wrongful detention of prepayment monies is theoretically very short since the operator is entitled to a prompt hearing following the tendering of payment under the Act.”
United States v. Hill, 533 F. Supp. 810 (E.D. Tenn. 1982). “§ 1275 ; 43 C.F.R. §§ 4.1160 et seq. The permittee may receive a full, adversarial, evidentiary hearing before an impartial administrative law judge, who reviews the validity of the notice or order and has the power to vacate, affirm, or modify the citation.”
United States v. Thompson Bros. Coal Co., Inc., 532 F. Supp. 979 (W.D. Pa. 1982). “§ 1275 and 43 C.F.R. 4.1160 et seq. the operator is entitled, without any prepayment, to obtain a full adversary evidentiary hearing before an impartial ALJ with respect to the existence of the violation charged in the notice.”
John Walters Coal Co. v. Watt, 553 F. Supp. 838 (E.D. Ky. 1982). “§ 1275 ; 43 CFR §§ 4.1160 , et seq. The permittee may receive a full, adversarial, evidentiary hearing before an impartial administrative law judge, who reviews the validity of the notice or order and has the power to vacate, affirm, or modify the citation.”
United States v. Log Mountain Mining Co., 550 F. Supp. 811 (E.D. Tenn. 1982). “§ 1275 ; 43 C.F.R. §§ 4.1160 et seq. The permittee may receive a full, adversarial, evidentiary hearing before an impartial administrative law judge, who reviews the validity of the notice or order and has the power to vacate, affirm, or modify the citation.”
United States v. Stanley Finley, 835 F.2d 134 (6th Cir. 1987). “§ 1275 ; 43 C.F.R. § 4.1160 et seq. The operator is entitled to a fully adversarial, evidentiary hearing before an administrative law judge, who reviews the validity of the notice or order and has the power to vacate, affirm, or modify the citation.”
Com. Nat. Res. & Envir. Prot. v. Kentec, 177 S.W.3d 718 (Ky. 2005). “16 ; 43 C.F.R. § 4.1160 et seq.; but, by doing so, the permittee waives the further right to a more formal administrative review of that issue.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.