Montana § 82-4-206 Procedure For Contested Case Hearings

Montana Statutes

§ 82-4-206 — Procedure For Contested Case Hearings

Montana·Title 82 MINERALS, OIL, AND GAS·Ch. 4 RECLAMATION·Part 2 Coal and Uranium Mine Reclamation

82-4-206 . Procedure for contested case hearings.

(1)An applicant, permittee, or person with an interest that is or may be adversely affected and who submitted comments or written objections during the relevant comment period for an application pursuant to subsections (1)(a) through (1)(e), may request a hearing before the board on any of the following decisions of the department by submitting a written request stating the reason for the request within 30 days after the department's decision:

(a)approval or denial of an application for a permit pursuant to 82-4-231 ;

(b)approval or denial of an application for a prospecting permit pursuant to 82-4-226 ;

(c)approval or denial of an application to increase or reduce a permit area pursuant to 82-4-225 ;

(d)approval or denial of an applic

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82-4-206 . Procedure for contested case hearings. (1) An applicant, permittee, or person with an interest that is or may be adversely affected and who submitted comments or written objections during the relevant comment period for an application pursuant to subsections (1)(a) through (1)(e), may request a hearing before the board on any of the following decisions of the department by submitting a written request stating the reason for the request within 30 days after the department's decision:
(a) approval or denial of an application for a permit pursuant to 82-4-231 ;
(b) approval or denial of an application for a prospecting permit pursuant to 82-4-226 ;
(c) approval or denial of an application to increase or reduce a permit area pursuant to 82-4-225 ;
(d) approval or denial of an application to renew or revise a permit pursuant to 82-4-221 ; or
(e) approval or denial of an application to transfer a permit pursuant to 82-4-238 or 82-4-250 .
(2) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing before the board under subsection (1). (2025 amendments in subsection (1) void on occurrence of contingency--sec. 5, Ch. 703, L. 2025.)

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