THE STATE AND ITS GOVERNMENT
MINING AND RECLAMATION
12-E:5 Public Hearing; Notice.
I. Upon filing of a permit application or an application for an amended permit, the applicant shall provide a copy of the application to the local governing body where the property to be affected is located and shall publish public notice of such application in a newspaper in general circulation in each county where the property to be affected is located.
II. The commissioner shall hold a public hearing. Notice of the public hearing shall be given as follows:
(a) Every abutter and holder of conservation, preservation, or agricultural preservation restrictions shall be notified of the hearing by certified mail stating the time and place of the hearing, and such notice shall be given not less than 5 days before the date fixed for the hearing.
(b) A public notice of the hearing shall be placed in a newspaper of general circulation in the area not less than 5 days before the date fixed for the hearing.
III. The public hearing shall be held within 30 days of the receipt of the permit application or application for an amended permit.
IV. Any party may appear in person or by the party's agent or attorney at the hearing.
V. The cost of the public hearing notice, whether mailed, posted, or published, shall be paid in advance by the applicant. Failure to pay such costs shall constitute valid grounds for the commissioner to terminate further consideration and to deny the application without public hearing.
Source. 1979, 467:1. 2010, 331:6, eff. Sept. 18, 2010.