North Dakota Code 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.
Terms Used In North Dakota Code 38-14.1-06
- 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.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
- 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
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.