2005 Minnesota Statutes - 115A.35 — Review procedure.

     115A.35 Review procedure. 


    The board shall meet to commence the supplementary review 
 within 90 days of the submission of a request determined by the 
 board to satisfy the requirements for review under this 
 section.  At the meeting commencing the review the chair shall 
 recommend and the board establish a scope and procedure, in 
 accordance with the rules of the board, for review and final 
 decision on the proposed facility.  The procedure shall require 
 the board to make a final decision on the proposed facility 
 within 90 days following the commencement of review.  The 
 procedure shall require the board to hold, at the call of the 
 chair, at least one public hearing in the county within which 
 the proposed facility would be located.  A majority of permanent 
 members of the board shall be present at the hearing.  The 
 hearing shall be conducted for the board by the state Office of 
 Administrative Hearings in a manner determined by the 
 administrative law judge to be consistent with the expeditious 
 completion of the proceedings as required by sections 115A.32 to 
 115A.39.  The hearing shall not be deemed a contested case under 
 chapter 14.  Notice of the hearing shall be published in a 
 newspaper or newspapers of general circulation in the area for 
 two successive weeks ending at least 15 days before the date of 
 the meeting.  The notice shall describe the proposed facility, 
 its location, the permits, and the board's scope and procedure 
 for review.  The notice shall identify a location or locations 
 within the city or town and county where the permit 
 applications, the agency permits, and the board's scope and 
 procedure for review are available for review and where copies 
 may be obtained. 


    HIST: 1980 c 564 art 4 s 4; 1980 c 615 s 60; 1982 c 424 s 130; 
 1984 c 640 s 32; 1986 c 444; 1989 c 335 art 1 s 269; 1992 c 593 
 art 1 s 54