Mont. Admin. r. 17.24.1115 - BONDING: HEARING ON BOND RELEASE DECISION
(1) Following
receipt of the decision of the department under ARM
17.24.1114, the permittee or any
affected person may request a hearing on the reasons for that decision. Requests for
hearings must be filed within 30 days after the permittee and other parties are
notified of the decision of the department.
(2) The department shall inform the permittee,
local government, and any objecting party of the time, date, and place of the
hearing and publish notice of the hearing in the Montana Administrative Register,
and in a newspaper of general circulation in the locality of the permit area twice a
week for 2 consecutive weeks before the hearing. The hearing must be adjudicatory in
nature and be held within a reasonable time after the receipt of the request in the
town or city nearest the permit area, or in Helena at the option of the objector.
The department may subpoena witnesses and printed materials and compel the
attendance of witnesses and production of the materials at the hearing. A verbatim
record of the hearing must be made and the transcript made available on the motion
of any party or by order of the department. The decision of the hearing authority
must be made within 30 days of the hearing. Parties seeking to reverse the decision
or any part of the decision of the department that is the subject of the hearing
shall have the burden of presenting a preponderance of evidence, to persuade the
hearing authority that the decision cannot be supported by the reasons given in
notification of the department's decision.
Notes
AUTH: 82-4-205, MCA; IMP: 82-4-223, 82-4-232, 82-4-235, MCA
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