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HB75 Alabama 2010 Session

Updated Feb 27, 2026
Notable

Summary

Primary Sponsor
Tommy Sherer
Tommy Sherer
Democrat
Session
Regular Session 2010
Title
Surface Mining Commission, meeting days altered, fees, licenses and renewals, contracts with attorneys as hearing officers authorized, requirement for citations compelling attendance at hearings deleted if cessation order issued, Secs. 9-16-73, 9-16-74, 9-16-77, 9-16-78, 9-16-81, 9-16-93 am'd.
Summary

HB75 updates Alabama's Surface Mining Commission rules by adding monthly meetings, licensing and training fees, a new hearings division with qualified hearing officers, and revised enforcement and licensing processes.

What This Bill Does

The bill requires the Commission to meet at least once per month and lets it charge reasonable fees for training, examinations, and certification programs. It authorizes hiring or contracting with attorneys to serve as hearing officers and creates a Division of Hearings and Appeals with specific qualifications and procedures. It also authorizes initial licensing and annual license update fees, creates a reapplication path for existing licenses (including a $200 application fee and debt clearance requirements), and removes the rule that inspectors must issue citations to compel attendance at hearings after a cessation order.

Who It Affects
  • The Alabama Surface Mining Commission and its staff, which will conduct monthly meetings, set fees, and manage licensing and hearing processes.
  • Surface coal mining operators and license applicants, who will face new license requirements, initial and annual fees, and potential reapplication requirements for existing licenses.
  • Professionals who may become hearing officers (e.g., foresters, engineers, attorneys) and the coal industry, which will participate in the expanded hearings process and related contracting.
Key Provisions
  • Commission must meet at least monthly (instead of every 30 days).
  • Authorize charging reasonable fees for training, examination, and certification programs related to surface mining.
  • Authorize the Commission to hire or contract with attorneys to serve as hearing officers and create a Division of Hearings and Appeals with qualified hearing officers.
  • Hearing officers must be attorneys in good standing, with restrictions on conflicts and prohibitions on serving if previously employed by or represented coal operators within the prior 24 months; hearings are to be conducted with separation of offices and regulatory safeguards.
  • Authorize the establishment and collection of fees for initial surface mining licenses and annual license updates; initial license fee set at $1,000 with annual renewal updates governed by rules; existing licensees must reapply within 90 days of the act's effective date, with a $200 application fee and must settle any outstanding debts before license issuance.
  • Delete the requirement that inspectors issue citations compelling attendance at expeditious hearings after a cessation order.
AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects
Surface Mining Commission

Bill Actions

Delivered to Governor at 4:05 p.m. on April 14, 2010.

Assigned Act No. 2010-498.

Clerk of the House Certification

Signature Requested

Enrolled

Passed Second House

Motion to Read a Third Time and Pass adopted Roll Call 1072

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the Senate committee on Governmental Affairs

Engrossed

Motion to Read a Third Time and Pass adopted Roll Call 602

Motion to Adopt adopted Roll Call 601

Boards and Commissions first Substitute Offered

Third Reading Passed

Read for the second time and placed on the calendar with 1 substitute and

Read for the first time and referred to the House of Representatives committee on Boards and Commissions

Bill Text

Votes

Motion to Read a Third Time and Pass

March 11, 2010 House Passed
Yes 100
Absent 3

Motion to Read a Third Time and Pass

April 14, 2010 Senate Passed
Yes 31
Absent 4

Documents

Source: Alabama Legislature