(a) A person with an interest that is or may be adversely affected may petition the director to:
- (1) designate an area as unsuitable for surface coal mining operations; or
(2) have the designation terminated.
The petition must contain allegations of facts with supporting evidence that tends to establish the allegations.
- (b) Within ten (10) months after receipt of a petition, the director shall hold a public hearing in the locality of the affected area, after appropriate notice and publication of the date, time, and location of the hearing. A person may intervene by filing allegations of facts with supporting evidence that tends to establish the allegations after the petition is filed and before the hearing.
- (c) Within sixty (60) days after the hearing, the director shall issue and furnish to the petitioner and any other party to the hearing a written decision regarding the petition and the reasons for the decision.
(d) The director is not required to hold a hearing if all the petitioners do the following:
- (1) Stipulate agreement before the requested hearing.
(2) Withdraw the request.
[Pre-1995 Recodification Citation: 13-4.1-14-2.]
As added by P.L.1-1995, SEC.27.