Mont. Admin. r. 20.7.509

Current through Register Vol. 23, December 6, 2024
Rule 20.7.509 - DETERMINATION OF PUBLIC SUPPORT
(1) After the department has selected a proposed location for a new prelease center the department must determine that there is community support for a prerelease center to be located in that location.
(2) The mechanism for determining community support is as follows:
(a) The department must conduct a public hearing held in conformity with Title 2, chapter 3, MCA.
(i) The department must publish notice of the hearing on its website and in a newspaper of general circulation within the proposed jurisdiction at least five business days prior to the date of the hearing.
(ii) The department must also provide notice of the hearing to all interested persons who have expressed to the department an interest concerning department actions and have requested to be placed on the department's list of interested persons. Interested persons can be notified either by emailing or mailing the notice to the interested person. If the hearing notice is mailed, it must be mailed, by regular mail, at least ten business days prior to the date of the hearing. If notice is e-mailed, it must be sent at least five business days prior to the date of the hearing.
(iii) The department must allow comments to be submitted in writing prior to the hearing, and for ten business days after the hearing.
(iv) The hearing must be held in an accessible facility in the jurisdiction in which the proposed prerelease center will be located.
(3) Before a prerelease center can be sited, the governing body of the jurisdiction in which the prelease center will be located must, after conducting its own public hearing, pass a resolution in support of siting a prerelease center at the location selected by the department.

Mont. Admin. r. 20.7.509

NEW, 1998 MAR p. 3114, Eff. 11/20/98; AMD, 2024 MAR p. 1456, Eff. 6/22/2024

AUTH: 53-1-203, MCA; IMP: 53-1-203, MCA