Administrative remedies – notice – appeals – parties
(1) Upon receipt of an application for an operating permit, the department shall provide notice of the application by publication in a newspaper of general circulation in the area to be affected by the operation. The notice must be published once a week for 3 successive weeks.
(2) An applicant for a permit or license or for an amendment or revision to a permit or license may request a hearing on a denial of the application by submitting a written request for a hearing within 30 days of receipt of written notice of the denial. The request must state the reason that the hearing is requested.
(3) All hearings and appeals under 82-4-337(4), 82-4-338(3)(b), 82-4-341(7) and (9), 82-4-361, 82-4-362, and subsection (2) of this section must be conducted by the board in accordance with the Montana Administrative Procedure Act. Any person whose interests may be adversely affected as a result of an action taken pursuant to this part may become a party to any proceeding held under this part upon a showing that the person is capable of adequately representing the interests claimed.
(4) As used in this section, "person" means any individual, corporation, partnership, or other legal entity.
| EnactedEn. SectionSec. 16, ChapterCh. 252, Laws ofL. 1971 |
| AmendedAmd. SectionSec. 9, ChapterCh. 281, Laws ofL. 1974 |
| AmendedAmd. SectionSec. 1, ChapterCh. 313, Laws ofL. 1975 |
| AmendedAmd. SectionSec. 2, ChapterCh. 427, Laws ofL. 1977 |
| Revised Codes of MontanaR.C.M. 1947, 50-1216 |
| AmendedAmd. SectionSec. 12, ChapterCh. 79, Laws ofL. 2001 (HB 126 - Younkin, Cindy (R) HD 28) |
| AmendedAmd. SectionSec. 6, ChapterCh. 410, Laws ofL. 2011 (SB 312 - Vincent, Chas (R) SD 1) |
| AmendedAmd. SectionSec. 4, ChapterCh. 458, Laws ofL. 2019 (HB 722 - Gunderson, Steve (R) HD 1) |