HARRY HUGHES, Governor                                     3091

the hearing may not be less than five days nor more than 15 days
after the date of the notice, unless the Department and the
[operator] PERMITTEE mutually agree on another date. The
[operator] PERMITTEE may appear at the hearing, either personally
or through counsel, and present evidence on his behalf. The
Department shall render a decision regarding the violation within
ten days from the date of the hearing.

(c)  The Department may revoke the permit if the violation
is not corrected.

(d)  Any [operator] PERMITTEE whose permit is suspended or
revoked shall be denied a new permit or a renewal of the old
permit to engage in mining until he has complied fully with:

(1)  [the] THE provisions of this subtitle[,];

(2)  [any] ANY rules and regulations adopted under
[it] THIS SUBTITLE[,]; and

(3)  [the] THE terms and conditions of [his] THE
PERMITTEE'S permit, including any modifications, and the approved
mining and reclamation plan, and until [he] THE PERMITTEE has
satisfactorily corrected all previous violations.

7-6A-19.

(a) The [operator] APPLICANT shall submit with his
application for a surface mining permit a proposed mining and
reclamation plan. The plan shall include at least the following:

(1)  The purpose for which the land previously was
used;

(2)  The use which is proposed to be made of the land
following reclamation;

(3)  The manner in which the land is to be opened for
mining and how the mining activity is to progress across the
tract;

(4)  The location of affected areas;

(5)  The manner in which topsoil and subsoil are to be
conserved and restored and, if conditions do not permit the
conservation and restoration of all or part of the topsoil and
subsoil, a full explanation of the conditions and alternate
procedures proposed;

(6)  Where backfilling is required, or where the
proposed subsequent land use requires fill, the manner in which
the compaction of the fill will be accomplished;

(7)  The manner and type of landscaping and screening
of the working areas which are exposed to public view during
mining;