North Dakota § 38-14.1-06 Right to petition - Notice and hearing - Right to intervene

North Dakota Statutes

§ 38-14.1-06 — Right to petition - Notice and hearing - Right to intervene

North Dakota § 38-14.1-06

Title 38Mining and Gas and Oil Production

Ch. 38-14.1Surface Mining and Reclamation Operations

This text of North Dakota § 38-14.1-06 (Right to petition - Notice and hearing - Right to intervene) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 38-14.1-06 (2026).

Text

1.Any person having an interest which is or may be adversely affected, including state agencies other than the commission, has the right to petition the commission to hold a hearing for the purpose of having an area designated as unsuitable for surface coal mining operations, or to have such designation terminated. Such petition must contain allegations of facts with supporting evidence which would tend to establish the allegations.

2.Prior to designating an area as unsuitable for surface coal mining operations and within ten months after receipt of a complete petition pursuant to subsection 1, the commission shall hold a public hearing in the locality of the affected area.

3.Notice of the hearing must be published in the official newspaper of each county wherein the affected area lies

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1. Any person having an interest which is or may be adversely affected, including state
agencies other than the commission, has the right to petition the commission to hold a
hearing for the purpose of having an area designated as unsuitable for surface coal
mining operations, or to have such designation terminated. Such petition must contain
allegations of facts with supporting evidence which would tend to establish the
allegations.
2. Prior to designating an area as unsuitable for surface coal mining operations and
within ten months after receipt of a complete petition pursuant to subsection 1, the
commission shall hold a public hearing in the locality of the affected area.
3. Notice of the hearing must be published in the official newspaper of each county
wherein the affected area lies and in other daily newspapers of general circulation in
the locality of the affected area at least once a week for four successive weeks prior to
the hearing. The names and post-office addresses of surface and subsurface mineral
rights owners must be determined as specified by the commission from the records of
the county recorder in each affected county. Notice of the hearing must be sent by
certified mail to the owners of surface rights and subsurface mineral rights in the
affected area and to the county auditor of each county wherein such area lies no later
than two weeks prior to the date of the hearing.
4. After a person having an interest which is or may be adversely affected has filed a
petition and before the hearing, as required by this section, any person may intervene
by filing allegations of facts with supporting evidence which would tend to establish the
allegations.
5. Within sixty days after the hearing, the commission shall issue and furnish to all
petitioners and any other party to the hearing a written decision regarding the petition
and reasons therefor.
6. In the event that all petitioners stipulate agreement prior to the requested hearing, and
withdraw their request, such hearing need not be held.
7. If petitions are filed on lands adjacent to or in close proximity to each other, hearings
required by each petition may be consolidated by the commission.