N.D. Admin. Code 33-24-07-08

Current through Supplement No. 393, July, 2024
Section 33-24-07-08 - Public hearings
1. The department shall hold a public hearing:
a. Whenever the department finds, on the basis of requests, a significant degree of public interest in a draft permit;
b. At the department's discretion, whenever for instance, such a hearing might clarify one or more issues involved in the permit decision; or
c. Whenever the department receives written notice of opposition to a draft permit and a request for a hearing within forty-five days of public notice under subdivision a of subsection 2 of section 33-24-07-06.
2. Whenever possible, the department shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility.
3. Public notice of the hearing shall be given as specified in section 33-24-07-06.
4. Whenever a public hearing will be held, the department shall designate a presiding officer for the hearing who shall be responsible for its scheduling and orderly conduct.
5. Any person may submit oral or written statements and data concerning a draft permit. Reasonable limits may be set upon the time allowed for oral statements and the submission of statements in writing may be required. The public comment period under section 33-24-07-06 must automatically be extended to the close of any public hearing under this section. The hearing officer may also extend the comment period by so stating at the hearing.
6. A tape recording or written transcript of the hearing must be made available to the public.

N.D. Admin Code 33-24-07-08

Effective January 1, 1984; amended effective December 1, 1988.
Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.

General Authority: NDCC 23-20.3-03

Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05