Section 69-05.2-04-06 - Areas unsuitable for mining - Commission decision for designating lands unsuitable1. In reaching its decision, the commission will use: a. The information contained in the data base and inventory system. b. Information provided by other governmental agencies. c. The detailed statement prepared under subsection 3 of North Dakota Century Code section 38-14.1-05. d. Any other relevant information submitted during the comment period. 2. The commission will issue a final written decision, including a statement of reasons, within sixty days of completion of the public hearing, or, if no public hearing is held, within twelve months after receipt of the complete petition. The commission will serve the decision by certified mail on the petitioner, other parties to the proceeding, and the office of surface mining reclamation and enforcement. 3. The decision of the commission on a petition, or the failure of the commission to act within the time limits set forth in this section, is subject to review under North Dakota Century Code section 38-14.1-35. N.D. Admin Code 69-05.2-04-06
Effective August 1, 1980; amended effective May 1, 1990.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-04, 38-14.1-35