North Dakota Code 23.1-03-07 – Procedural requirements
In licensing and regulating the processing, generation, or disposal of source material, byproduct material, or other radioactive material occurring naturally or produced artificially, the department shall provide:
Terms Used In North Dakota Code 23.1-03-07
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. In the cases of licenses:
a. An opportunity, after public notice, for written comments and a public hearing, with a transcript.
b. A written determination of the action to be taken which is based upon findings included in the determination and upon evidence presented during the public comment period, and which is subject to judicial review.
c. For each licensed activity that has a significant impact on the human environment, a written analysis prepared by the department which must be available to the public before commencement of hearings, of the impact of the licensed activity on the environment. The analysis must include:
(1) An assessment of the radiological and nonradiological impacts to the public health.
(2) An assessment of any impact on any waterway and ground water. (3) Consideration of alternatives to the activities to be conducted.
(4) Consideration of the long-term impacts of the licensed activities.
d. A prohibition of any major construction related to the licensed activities before completing the action under this subsection.
e. An assurance that management of source material, byproduct material, or other radioactive material occurring naturally or produced artificially is carried out in conformance with applicable standards adopted by the department, the commission, and the United States environmental protection agency.
2. In the case of rulemaking:
a. An opportunity for public participation through written comments or a public hearing.
b. An opportunity for judicial review.