Section 12-E:5 Opportunity for Public Hearing.
I. Upon filing of a permit application or an application for an amended permit, the operator shall publish notice of such application in a newspaper in general circulation of each county wherein the affected land lies at least once each week for 2 successive weeks after filing the application. The operator shall notify landowners within 1/2 mile of the proposed permit area in writing of the application and shall file a copy of the mining and reclamation plan, or amended plan with the town clerk or city solicitor of the town or city wherein the land lies.
II. The commissioner shall fix a reasonable period of time within which any person desiring to be heard may file a petition for a hearing. Such period of time shall not be less than 20 days. Upon the expiration of such time period in the absence of a protest or a request for a hearing, the commissioner may act on the permit upon the basis of the application and of the submittals and all other factors under consideration. When a petition for a hearing has been made, and good cause has been shown therefor, the commissioner shall set a time and place for a hearing. Notice of such hearing shall be given to the operator and to any interested party.
Source. 1979, 467:1, eff. Aug. 24, 1979.