38-14.1-06. Right to petition - Notice and hearing - Right to intervene

38-14.1-06. Right to petition - Notice and hearing - Right to intervene

1. Any person having an interest which is or may be adversely affected, including state

agencies other than the commission, has the right to petition the commission to hold a

hearing for the purpose of having an area designated as unsuitable for surface coal

mining operations, or to have such designation terminated. Such petition must contain

allegations of facts with supporting evidence which would tend to establish the

allegations.

2. Prior to designating an area as unsuitable for surface coal mining operations and

within ten months after receipt of a complete petition pursuant to subsection 1, the

commission shall hold a public hearing in the locality of the affected area.

3. Notice of the hearing must be published in the official newspaper of each county

wherein the affected area lies and in other daily newspapers of general circulation in

the locality of the affected area at least once a week for four successive weeks prior to

the hearing. The names and post-office addresses of surface and subsurface mineral

rights owners must be determined as specified by the commission from the records of

the county recorder in each affected county. Notice of the hearing must be sent by

certified mail to the owners of surface rights and subsurface mineral rights in the

affected area and to the county auditor of each county wherein such area lies no later

than two weeks prior to the date of the hearing.

4. After a person having an interest which is or may be adversely affected has filed a

petition and before the hearing, as required by this section, any person may intervene

by filing allegations of facts with supporting evidence which would tend to establish the

allegations.

5. Within sixty days after the hearing, the commission shall issue and furnish to all

petitioners and any other party to the hearing a written decision regarding the petition

and reasons therefor.

6. In the event that all petitioners stipulate agreement prior to the requested hearing, and

withdraw their request, such hearing need not be held.

7. If petitions are filed on lands adjacent to or in close proximity to each other, hearings

required by each petition may be consolidated by the commission.