Procedure for contested case hearings
(1) A person aggrieved by a final decision of the department under this part may request a hearing before the board by submitting a written request stating the reason for the request within 30 days after the department's decision.
(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).
(1) A An applicant, permittee, or person aggrieved by a final decision of the department under this part with an interest that is or may request a hearing before the board by submitting a be adversely affected and who submitted comments or written request stating objections during the reason relevant comment period for the an application pursuant to subsections (1)(a) through (1)(e), may request within 30 days after a hearing before the department's decision. 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).
Procedure for contested case hearings
2025 amendments in subsection (1) void on occurrence of contingency--sec. 5, Ch. 703, L. 2025.
| EnactedEn. SectionSec. 24, ChapterCh. 325, Laws ofL. 1973 |
| Revised Codes of MontanaR.C.M. 1947, 50-1057 |
| AmendedAmd. SectionSec. 9, ChapterCh. 79, Laws ofL. 2001 (HB 126 - Younkin, Cindy (R) HD 28) |