Section 89-07-02-15 - Procedure for issuance1.Notice. The board must give notice of its consideration of an application under North Dakota Century Code section 61-04.1-17. Notice must be given once a week for two consecutive weeks. The notice must: a. Describe the primary target area.b. Describe the operations area.c. Specify the period of operation, including starting and ending dates.d. Describe the general method of operation.e. Describe the intended effect of the operation.f. State the name of the proposed permittee.2.Hearings. The board must allow twenty days for public comment, under North Dakota Century Code section 61-04.1-17, from the date of the last publication of the notice. Any hearing held upon objection received by the board or any hearing held upon the board's own motion must be held upon at least ten days' notice in the county newspaper where notice of consideration of the application was published. At the hearing, the board must make a brief record of testimony received, and must consider all such testimony in its decision on the permit application.3.Director's recommendation. At the close of the public comment period provided for in North Dakota Century Code section 61-04.1-17, the director of the board must review all applications for permits that have been received and must recommend approval or disapproval of such applications and the reasons therefor.4.Final action by board. The board must take final action on all applications for permits for which notice of consideration was published, under North Dakota Century Code section 61-04.1-17, within forty-five days of the close of the public comment period. Approval of applications considered must be by majority vote. In acting on any such applications, the board must consider any recommendations made by the director of the board and all testimony received at any hearing under North Dakota Century Code section 61-04.1-17. The board may issue a permit only if it determines that the requirements of subsection 2 of North Dakota Century Code section 61-04.1-16 have been met.N.D. Admin Code 89-07-02-15
Effective November 1, 1988.Amended by Administrative Rules Supplement 2014-353, July 2014, effective July 1, 2014. .General Authority: NDCC 28-32-02, 61-04.1-08(3)
Law Implemented: NDCC 61-04.1-16, 61-04.1-17