| (B) if a hearing is requested, only if the Commission's
findings are upheld on administrative appeal.
(6) At any time, the Commission may identify any person
who owns or controls an entire surface coal mining operation or any
relevant portion or aspect thereof. If such person is identified,
the Commission shall issue a written preliminary finding to the person
and the applicant or permittee describing the nature and extent of
ownership or control. The Commission's written preliminary finding
shall be based on evidence sufficient to establish a prima facie case
of ownership or control.
(7) After the Commission issues a written preliminary
finding under paragraph (6) of this subsection, the Commission shall
allow the person subject to the preliminary finding 30 days in which
to submit any information tending to demonstrate the person's lack
of ownership or control. If, after reviewing any information the person
submits, the Commission is persuaded that the person is not an owner
or controller, the Commission shall serve the person a written notice
to that effect. If, after reviewing any information submitted, the
Commission still finds that the person is an owner or controller,
or if the person does not submit any information within the 30-day
period, the Commission shall issue a written finding and enter that
finding into AVS.
(8) If the Commission identifies a person as an owner
or controller under paragraph (7) of this subsection, the person may
challenge the finding using the provisions of subsection (a) of this
section.
(d) Post-permit issuance information requirements for
permittees.
(1) Within 30 days after the issuance of a cessation
order under §12.677 of this title (relating to Cessation Orders),
the permittee must provide or update all the information required
under §12.116(b) or §12.156(b) of this title.
(2) The permittee does not need to submit information
under paragraph (1) of this subsection if a court of competent jurisdiction
grants a stay of the cessation order and the stay remains in effect.
(3) Within 60 days of any addition, departure, or change
in position of any person identified in §12.116(b)(4) or §12.156(b)(4)
of this title, the permittee must provide:
(A) the information required under §12.116(b)(4)
or §12.156(b)(4) of this title; and
(B) the date of any departure.
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