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<br />The state engineer may also seek information and comment <br />from independent sources. However, the state engineer shall not <br />be required to delay his decision on an application for more than <br />thirty days from the date of request while waiting for comment <br />from these sources. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 28-32-06, 61-32-01, 61-32-03 <br /> <br />89-02-02-16. Procedure, availability, and contents of <br />notice of state engineer's decision to grant or deny application <br />of statewide or interdistrict significance. <br /> <br />1. If the state engineer determines an application should <br />be denied, the state engineer shall provide a copy of <br />the determination to the appropriate board and the <br />permit applicant. If the state engineer determines an <br />application should be granted, wi th or wi thout <br />conditions, the state engineer shall provide a copy of <br />the determination to the appropriate board, the permit <br />applicant, the North Dakota game and fish department, <br />the North Dakota health department, the North Dakota <br />highway commissioner, and all parties to the board's <br />meeting. Other members of the public may view the <br />record at the Office of the state Engineer, 900 East <br />Boulevard, Bismarck, during normal business hours. <br /> <br />2. One copy of the determination to grant or deny a permit <br />may be provided to persons not provided copies pursuant <br />to subsection 1 of this section upon written request. <br />Additional copies will be provided upon payment for <br />necessary copying, handling, and postage. <br /> <br />3. Copies of the notice of the state engineer's <br />determination shall be provided to persons who made a <br />wri tten request for notice of that proj ect not more <br />than two months, or later than one day, prior to the <br />date of the state engineer's decision. <br /> <br />4. The notice of decision shall include: the name of the <br />drain; the applicant's name; whether the application <br />was granted or denied and the date of the decision; the <br />availability of the full text of the decision; and the <br />fact that within thirty days of the date of the state <br />engineer's decision a hearing may be requested on the <br />project. The notice shall also state that a valid <br />request for a hearing must be in writing; must <br />specifically state facts from which it is evident the <br />hearing applicant is factually aggrieved by the state <br />engineer's decision; and must state what material <br />facts, or conclusions, are believed to be erroneous and <br />why they are believed to be erroneous. <br /> <br />-13- <br />