Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.11 - Strip and Underground Mine Reclamation Act: Bonding, Insurance, Reporting, and Special Areas
Rule 17.24.1146 - DESIGNATION OF LANDS UNSUITABLE: HEARINGS ON PETITION
Current through Register Vol. 6, March 22, 2024
(1) Within 10 months after receipt of a complete petition, the department shall hold a public hearing in the locality of the area covered by the petition. If all petitioners and intervenors agree, the hearing need not be held. The department may subpoena witnesses as necessary. The department shall allow cross-examination of expert witnesses, but other witnesses must not be cross-examined. The department shall make a verbatim transcript of the hearing.
(2)
(3) The department shall notify the general public of the date, time, and location of the hearing by placing a newspaper advertisement once a week for 2 consecutive weeks in the locale of the area covered by the petition and once during the week prior to the scheduled date of the public hearing. The consecutive weekly advertisement must begin between 4 and 5 weeks before the scheduled date of the public hearing.
(4) The department may consolidate in a single hearing the hearings required for each of several petitions which relate to areas in the same locale.
(5) In the event that all petitioners and intervenors stipulate agreement prior to the hearing, the petition may be withdrawn from consideration.
AUTH: 82-4-205, MCA; IMP: 82-4-227, MCA