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(1) Following receipt of the decision of the department under ARM 17.24.1114, the permittee or any affected person may request a hearing on the reasons for that decision.   Requests for hearings must be filed within 30 days after the permittee and other parties are notified of the decision of the department.

(2) The department shall inform the permittee, local government, and any objecting party of the time, date, and place of the hearing and publish notice of the hearing in the Montana Administrative Register, and in a newspaper of general circulation in the locality of the permit area twice a week for 2 consecutive weeks before the hearing.   The hearing must be adjudicatory in nature and be held within a reasonable time after the receipt of the request in the town or city nearest the permit area, or in Helena at the option of the objector.   The department may subpoena witnesses and printed materials and compel the attendance of witnesses and production of the materials at the hearing.   A verbatim record of the hearing must be made and the transcript made available on the motion of any party or by order of the department.   The decision of the hearing authority must be made within 30 days of the hearing. Parties seeking to reverse the decision or any part of the decision of the department that is the subject of the hearing shall have the burden of presenting a preponderance of evidence, to persuade the hearing authority that the decision cannot be supported by the reasons given in notification of the department's decision.

History: 82-4-204, 82-4-205, MCA; IMP, 82-4-223, 82-4-232, 82-4-235, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; TRANS, from DSL, 1996 MAR p. 3042.

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