HARRY HUGHES, Governor                                     3089

7-6A-15.

In lieu of a modification or renewal, [an operator] A
PERMITTEE may apply for a new permit in the manner prescribed by
§§ 7-6A-07 and 7-6A-19 OF THIS SUBTITLE.

7-6A-16.

(a)  When [one operator succeeds to] the interest of
[another] A PERMITTEE in any uncompleted mining operation [by
virtue of a sale, lease, assignment, or otherwise] IS SOLD,
LEASED, ASSIGNED, OR OTHERWISE DISPOSED OF, the Department may
release the first [operator] PERMITTEE from all liabilities
imposed upon him by this subtitle with reference to the operation
and transfer the permit to the successor [operator] IN INTEREST,
if both [operators] THE PERMITTEE AND THE SUCCESSOR IN INTEREST
have complied with the requirements of this subtitle and the
successor [operator] IN INTEREST assumes the duties and
responsibilities of the first [operator] PERMITTEE with reference
to reclamation of the land according to the authorized mining and
reclamation plan and posts suitable bond or other security
required by § 7-6A-20 OF THIS SUBTITLE.

(b)  The successor [operator] IN INTEREST shall pay a $100
fee on filing a transfer of permit.

(C)  THE DEPARTMENT SHALL APPROVE AND GRANT THE PERMIT
TRANSFER AS EXPEDITIOUSLY AS POSSIBLE BUT NOT LATER THAN 30 DAYS
AFTER THE APPLICATION FORMS OR ANY SUPPLEMENTAL INFORMATION
REQUIRED ARE FILED WITH THE DEPARTMENT.

(D)  THE DEPARTMENT MAY DENY THE PERMIT TRANSFER ON FINDING:

(1)  THAT EITHER PERMITTEE HAS AN UNCORRECTED
VIOLATION OF THE TYPE LISTED IN § 7-6A-09(B)(6) OF THIS SUBTITLE;

(2)  FAILURE OF THE SUCCESSOR PERMITTEE TO SUBMIT AN
ADEQUATE MINING AND RECLAMATION PLAN IN LIGHT OF CONDITIONS
EXISTING AT THE TIME OF THE MODIFICATION; OR

(3)  FAILURE OF THE SUCCESSOR PERMITTEE TO PAY THE
TRANSFER FEE.

(E)  IF THE DEPARTMENT DENIES AN APPLICATION TO TRANSFER A
PERMIT, IT THE DEPARTMENT SHALL GIVE THE PERMITTEE AND THE
SUCCESSOR IN INTEREST WRITTEN NOTICE OF:

(1)  THE DEPARTMENT'S DETERMINATION;

(2)  ANY CHANGES IN THE APPLICATION WHICH WOULD MAKE
IT ACCEPTABLE; AND

(3)  THE RIGHT OF THE PERMITTEE AND THE SUCCESSOR IN
INTEREST TO A HEARING AT A STATED TIME AND PLACE.