_ENFORCEMENT - M1978352 ‎(13)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: APPENDIX TO MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMAR
• Media Type: D
• Archive: No

matter will b considered within 60 days . If t• request is denied, the
Board shall give its reasons in writing. The affected operator shall be
supplied with a copy of the request and all supporting materials upon
receipt of the request.
105(2) 1 .25 Four Board members shall constitute a quorum. The Board shall act by
majority vote of members present, except that four affirmative votes
are required for any amendment of these Rules.
106(I) (d) 1 .26 Except as otherwise provided by law or these Rules , public notice of
regular meetings shall be provided by the Board as follows :
(1 ) A minimum of 10 days prior to the meeting, notice of its date,
time, place, and agenda by:
(a) Mailing to all persons having requested notice of Board
meetings and prepaid costs of the service , unless costs
are waived for good cause ;
(b) Publishing at least once in a newspaper of general
circulation in the state , listino each applicant ' s
name , local address and the location of the affected
land by section, township and ranae and by street
address , if applicable:
(c) Posting in a conspicuous , publicly accessible location at the
offices of the Division and in the Press Room of the State
Legislature; and
(d) Mailing a copy of the agenda to the local newspaper in the
locality of the proposed mining operation.
(2) Additions or changes to the agenda after the 10-day notification
may be made regarding emergency situations , informational items,
and special permits as outlined in RULE 4. In this event , the
Board will endeavor to give notification , if possible, as outlined
above , and will he required to notify any operator or individual
scheduled to be heard.
1 .27 Public notice of all other meetings shall be provided by the Board as
prescribed in Section 1 .26 except upon a Board finding that an emergency
condition exists , whereupon such notice shall have been provided as much
in advance of the meeting as possible. Section 1 .26 ( 1 ) (b) notice is
only required if applications are to be considered.
1 .28 All meetings shall be open to the public and any interested person may
appear and may, if time permits , make oral and/or written presentations
on any subject within the Board' s jurisdiction. In the event the item
is not on the agenda, no formal action may be taken by the Board until
the full notice provisions in these Rules are met .
1 .29 All hearings shall be open to the public and any interested person may
appear and make oral/or written presentations on the issues being
considered.
1 .30 Minutes and tape recordings of all meetings and hearings shall he
promptly filed. w
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