(b) The proposed transferee shall pay a five hundred dollar fee with the filing of an application for transfer of permit.
(c) The director shall act upon the permit transfer as expeditiously as possible but not later than thirty days after the application forms and any supplemental information required are filed with the director.
(d) The director may deny the permit transfer for any reasons and under the same procedure set forth in sections seven and eight of this article. If the applicant proposes any change to the permit conditions, the director shall review the application and treat it as a modification as provided in this article.
(e) The director, for good cause shown, may allow transfer of a revoked permit if the transferee complies with the requirements of this article and assumes the duties and responsibilities of the permit.
(f) If the director denies an application to transfer a permit, the director shall give the permittee and the proposed transferee written notice of:
(1) The director's determination;
(2) Any changes in the application which would make it acceptable; and
(3) The right of the permittee and the proposed transferee to a hearing before either or both the director or the surface mine board.
(g)(1) If a hearing before the director is not requested within fifteen days after receipt of the director's notice of the denial, the denial is the director's final order on the matter appealable to the surface mine board.
(2) If a hearing before the director is requested within fifteen days after receipt of the director's notice, the date for the hearing may not be less than fifteen days nor more than thirty days after the date of the request unless the parties mutually agree on another date.
(3) The director shall enter a final order granting or denying the transfer application within thirty days after the hearing.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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