Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.24 - RECLAMATION
Subchapter 17.24.12 - Strip and Underground Mine Reclamation Act: Special Departmental Procedures and Program
Rule 17.24.1207 - NOTICES OF NONCOMPLIANCE AND CESSATION ORDERS: INFORMAL HEARINGS
Current through Register Vol. 6, March 22, 2024
(1) Except as provided in (2) and (3), if a notice of noncompliance or cessation order requires cessation of mining or prospecting, expressly or by necessary implication, that notice or order expires within 30 days after it is served unless an informal public hearing has been held within that time. The hearing must be held at or reasonably close to the mine site so that the alleged violation may be viewed during the hearing or at any other location acceptable to the department and the person to whom the notice or order was issued. The departmental office nearest to the mine site is hereby deemed to be reasonably close to the mine site unless a closer location is requested and agreed to by the department. For purposes of this rule, "mining" means extracting coal from the earth or waste piles and transporting it within or from the permit area.
(2)
(3) The department shall give as much advance notice as is practicable of the time, place, and subject matter of the informal public hearing to:
(4) The department shall also post notice of the hearing at its office closest to the mine site and issue a news release notice regarding the informal hearing, whenever practicable, to a newspaper of general circulation in the area of the mine.
(5) An informal public hearing must be conducted by a representative of the department; the representative may accept oral or written arguments and any other relevant information from any person attending.
(6) Within five days after the close of the informal public hearing, the department shall affirm, modify, or vacate the notice or order in writing. The decision must be sent to:
(7) The granting or waiver of an informal public hearing does not affect the right of any person to formal review under 82-4-251(3) or (6), or 82-4-254(3), MCA. At the formal review proceedings, evidence as to statements made or evidence produced at an informal public hearing must not be introduced as evidence or to impeach a witness.
AUTH: 82-4-205, MCA; IMP: 82-4-251, MCA