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9220.0340 PUBLIC NOTICE.

Subpart 1.

Scope.

Before the agency acts to issue, renew, modify, revoke, or deny a permit, the commissioner shall seek public comment on the action, unless specifically exempted from this requirement under part 9220.0410.

Subp. 2.

Public notice contents.

The commissioner shall prepare and issue a public notice of an intended agency action. The public notice must include, at a minimum:

A.

the address and telephone number of the agency office and a statement that additional information may be obtained at this office;

B.

the names and addresses of all applicants or permittees, and of the facility that is the subject of the action;

C.

a concise description of the facility that is the subject of the action;

D.

a statement of the action the commissioner intends to request the agency to take;

E.

for action involving the issuance or renewal of permits, the duration of the permit that the commissioner intends to request the agency to issue or renew;

F.

a brief description of the procedures and standards for public comments, and the dates on which the public comment period begins and ends; and

G.

a brief description of the procedures the agency will follow in reaching a decision on the commissioner's intended action, and the procedures to be followed for requesting a public information meeting or contested case hearing.

Subp. 3.

Duration of notice period.

Unless extended by the commissioner, the public notice period is 30 days.

Subp. 4.

Distribution of public notice.

The commissioner shall distribute the public notice in the following manner:

A.

A copy of the public notice must be available at the agency office.

B.

A copy must be mailed to the applicant.

C.

A copy must be mailed to the county where the facility is located or proposed to be located.

D.

Copies must be circulated in the geographic area within a 45-mile radius of the planned or existing facility. The commissioner shall circulate the public notice in one or more of the following ways:

(1)

by posting the notice in the post office, public library, or other buildings used by the general public;

(2)

by posting the notice at or near the entrance of the applicant's premises, if located near the facility that is the subject of the permit application; or

(3)

by publishing the notice in one or more newspapers or periodicals of general circulation in the designated geographical area.

Statutory Authority:

MS s 115A.914

History:

12 SR 2513; L 1999 c 73 s 5

Published Electronically:

October 2, 2007

Official Publication of the State of Minnesota
Revisor of Statutes