32.2.243 PUBLIC HEARINGS
(1) Whenever a public hearing is held on an EIS or an EA, the agency shall
issue a news release or legal notice to newspapers of general circulation in
the area to be affected by the proposed action prior to the hearing. The news release or legal notice must advise
the public of the nature of testimony the agency wishes to receive at the
hearing. The hearing must be held after
the draft EIS has been circulated and prior to preparation of the final EIS. A
hearing involving an action for which an EA was prepared must be held after the
EA has been circulated and prior to any final agency determinations concerning
the proposed action. In cases involving
an applicant, the agency shall allow an applicant a reasonable time to respond
in writing to comments made at a public hearing, notwithstanding the time
limits contained in ARM 32.2.232. The
applicant may waive his right to respond to comments made at a hearing.
(2) In addition to the procedure in (1) above, the
agency shall take such other steps as are reasonable and appropriate to promote
the awareness by interested parties of a scheduled hearing.
(3) The agency shall hold a public hearing
whenever requested within 20 days of issuance of the draft EIS by either:
(a) 10% or 25, whichever is less, of the persons
who will be directly affected by the proposed action;
(b) by another agency which has jurisdiction over
(c) an association having not less than 25 members
who will be directly affected by the proposed action; or
(d) the applicant, if any.
(4) In determining whether a sufficient number of
persons have requested a hearing as required by (3) , the agency shall resolve
instances of doubt in favor of holding a public hearing.
(5) No person may give testimony at the hearing as
a representative of a participating agency.
Such a representative may, however, at the discretion of the hearing
officer, give a statement regarding his or her agency's authority or procedures
and answer questions from the public.
(6) Public meetings may be held in lieu of formal
hearings as a means of soliciting public comment on an EIS where no hearing is
requested under (3) above. However, the
agency shall provide adequate advance notice of the meeting; and, other than
the degree of formality surrounding the proceedings, the objectives of such a
meeting are essentially the same as those for a hearing.
History: Sec. 2-4-201 MCA; IMP, Sec. 2-4-201, 75-1-201 MCA; NEW, 2000 MAR p. 3409, Eff. 12/8/00.