Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Contents.
Proceedings under parts
1405.0200 to
1405.2800 are commenced by the
board issuing a notice of hearing pursuant to the requirements of Minnesota
Statutes, chapter 116C. The notice of hearing shall contain, but not be limited
to, the following:
A. the date, time,
and place for each hearing;
B. name
and address and telephone number of the administrative law judge;
C. a citation to the board's statutory
authority to hold the hearing and to take the action proposed;
D. a description of the proposed project
together with a citation to the relevant statutes or rules;
E. notification that all persons may be
represented by legal counsel, but that such representation is not
required;
F. a citation to these
rules and to any applicable procedural rules of the board and where they may be
obtained;
G. the name, address,
phone number, and function of the public adviser designated by the board
pursuant to Minnesota Statutes, section
216E.08,
subdivision 3;
H. the name,
address, and telephone number of the appropriate member of the power plant
siting staff who will be representing the board and the name, address, and
telephone number of the member of the attorney general's staff who may be
contacted for advice on matters dealing with board procedures;
I. a statement advising all persons of the
right to intervene, the procedures which must be complied with, and a summary
description of the rights and responsibilities intervening parties have as
opposed to other persons wishing to participate;
J. the date, time, and place of any
prehearing conference;
K. the place
where all interested persons may review all materials including all prefiled
testimony, and the date when such will be available;
L. a listing of the existing parties giving
the name and address of the person designated to receive all notices;
M. a statement of the commencement times and
places of the public hearings where cross-examination by parties will occur,
where questioning by interested persons will occur, and where direct testimony
or comments from the public will occur;
N. a statement indicating that hearings may
be recessed and reset by the administrative law judge pursuant to parts
1405.1400 to
1405.2300; and
O. a listing of witnesses exempted from
appearing throughout the hearing process pursuant to part
1405.2000, and a listing of the
dates and places such witnesses will be in attendance.
Subp. 2.
Subsequent notices.
The administrative law judge may order subsequent notices to be
issued by the board as the judge deems appropriate containing corrections of
earlier notices and additional information available after issuance of earlier
notices. Such subsequent notices shall be disseminated in the same manner as
the original notice, unless the administrative law judge, for good cause shown,
orders some other method of dissemination.
Subp. 3.
Defects.
Defects in the notices shall not invalidate the proceedings,
provided a bona fide attempt to comply with this part has been made.
