Minnesota Administrative Rules
Agency 167 - Pollution Control Agency
Chapter 9220 - WASTE TIRE PROGRAMS
WASTE TIRE FACILITY PERMITS
Part 9220.0370 - CONTESTED CASE HEARING
Universal Citation: MN Rules 9220.0370
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Hearing required.
The agency shall hold a contested case hearing if it finds all of the following:
A. that a person
requesting the contested case hearing has raised a material issue of fact or of
the application of facts to law related to the commissioner's proposed
action;
B. that the agency has
jurisdiction to make determinations on the issues of fact or of the application
of facts to law raised by the persons requesting the contested case
hearing;
C. that the record before
the agency is not adequate to allow the agency to resolve a material issue of
fact or of the application of fact to law raised by the person requesting the
hearing, and that a contested case hearing would result in the creation of a
record that would allow the agency to resolve the issues raised; and
D. that the person requesting the contested
case hearing would be affected by the agency's action.
Subp. 2. Hearing notice and order.
If the agency decides to hold a contested case hearing, the commissioner shall prepare a notice of and order for hearing. The notice of and order for hearing must contain:
A. the
information required by part
1400.5600 to the Office of
Administrative Hearings;
B. a
reference to the public notice of the agency action and the date of issuance of
the public notice;
C.
identification of the affected parties and a concise description of the issues
that have been raised by any party; and
D. the address of the agency office where
interested persons may inspect or obtain copies of the public notice of the
agency action, and other information relevant to the agency action.
Statutory Authority: MS s 115A.914
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