Section 69-06-01-02 - Procedure for public hearings1. Rulemaking hearings. A public hearing consistent with the rulemaking provisions of North Dakota Century Code chapter 28-32 must be held prior to the adoption, amendment, or repeal of a rule.2. Revocation or suspension hearings. A public hearing consistent with the complaint provisions of North Dakota Century Code chapter 28-32 must be held on the revocation or suspension of a certificate or permit. Notice of the public hearing must be given by the commission by publication in the official newspaper of the county where the hearing will be held and in the official newspaper of all counties in which any part of an affected facility is located.3.Application hearings. One or more public hearings must be held on an application for a certificate or a permit in each county in which any part of the site, corridor, or route is proposed to be located; provided, that the commission may consolidate the county hearings. The notice of a hearing on an application for a certificate of corridor compatibility for a transmission facility must include a map depicting the proposed corridor and study area. The notice of a hearing on an application for a route permit must include a map depicting the corridor and the location of the proposed route and any proposed alternative routes. Notice of each hearing must be given by the commission at least twenty days prior to the hearing, as follows:a. By publication in the official newspaper of each county in which any part of the site, corridor, or route is proposed to be located, whether the hearings are consolidated or not, and in such other newspapers that the commission may determine to be appropriate.b. By mail or electronic mail to the following persons in each county in which any part of the site, corridor, or route is proposed to be located: (1) The chairman of the board of county commissioners.(3) The chief executive officer of each city in the county on an application for a certificate for an energy conversion facility.(4) The chief executive officer of each city within a corridor on an application for a certificate or permit for a transmission facility.c. By mail or electronic mail to any state or federal agency listed in section 69-06-01-05.d. By mail or electronic mail to all parties.e. By mail or electronic mail to the state senators and representatives of each legislative district in which any part of the site, corridor, or route is proposed to be located.4. Transfer and waiver hearings. The commission, upon determination that an application for the transfer of a certificate or permit or an application for a waiver of procedures and time schedules is complete, shall publish a notice of opportunity for a public hearing, or upon its own motion shall publish a notice of hearing, once in the official newspaper of each county in which any part of the site, corridor, or route is located or proposed to be located. A public hearing must be held on an application if, either within twenty days following the publication of a notice of opportunity any interested person requests and demonstrates good cause for a public hearing, or the commission determines upon its own motion that there is good cause for a public hearing. Notice of a public hearing must be given by the commission at least twenty days prior to the hearing by publication in the official newspaper of each county in which the site, corridor, or route is located or proposed to be located.N.D. Admin Code 69-06-01-02
Amended effective August 1, 1979; January 1, 1982; April 1, 2013.General Authority: NDCC 49-22-18
Law Implemented: NDCC 49-22-13