45.1-194 - Appeals to Board of Surface Mining Review. - Virginia Statutes

§ 45.1-194. Appeals to Board of Surface Mining Review.

An appeal from any order, rule or regulation of the Department shall be takenfirst to the Board of Surface Mining Review hereinafter created. The appealshall be taken within thirty days following the issuance of the order, ruleor regulation by forwarding to the Director by certified mail a notice ofappeal designating the order, rule or regulation from which the appeal istaken.

Upon receipt thereof, the Board shall set the hearing at a place within thecounty where the major portion of the land involved in the order, rule orregulation appealed from is located and such hearing shall be held by theBoard within sixty days from the date notice of appeal is received. The Boardshall issue its opinion of the appeal within sixty days following thecompletion of the hearing.

The Board shall have the power to subpoena and bring before it any person inthe Commonwealth or take testimony of any such person by deposition with thesame fees and mileage in the same manner as prescribed by law in judicialprocedure in courts of the Commonwealth in civil cases. Any party to anyhearing before the Board shall have the right to the attendance of witnessesin his behalf.

(1968, c. 734; 1974, c. 312; 1979, c. 302; 1982, c. 117.)