North Dakota § 49-22-13 - Public hearings - Notice

§ 49-22-13. Public hearings - Notice

1. The commission shall hold a public hearing in each county in which any portion of a site, corridor, or route is proposed to be located in an application for a certificate or a 2. 3. 4. 5. permit. If the commission determines there is an emergency that would prevent an in-person hearing in the county in which any portion of a site, corridor, or route is proposed, a remote public hearing may be held. At the public hearing, any person may present testimony or evidence relating to the information provided in the application, the criteria developed pursuant to section 49-22-05.1, and the factors to be considered pursuant to section 49-22-09. If the commission determines there are no adequate facilities to conduct a public hearing within the county in which any portion of a site, corridor, or route is proposed to be located in, the public hearing must be held in the nearest adequate location. When more than one county is involved, the commission may hold a consolidated hearing in one or more of the affected counties. A hearing for any county shall not be consolidated if five or more affected landowners in such county file a petition with the commission within ten days of the publication of the notice of hearing. The commission shall not be required to hold a public hearing on an application for the transfer of a certificate or a permit, or an application for a waiver of procedures and time schedules, but shall publish a notice of opportunity for a public hearing in the official newspaper of each county in which any portion of the facility or the proposed site, corridor, or route is located. If requested by any interested person and good cause has been shown therefor, the commission shall hold a public hearing. Where more than one county is involved, the commission may hold a consolidated hearing in one or more of the affected counties. One or more public hearings shall be held at a location or locations determined by the commission concerning the following matters: a. A substantial or material change in the criteria established pursuant to section 49-22-05.1. b. A substantial or material change in the rules adopted pursuant to section 49-22-18. c. The revocation or suspension of a certificate or permit. Notice of a public hearing must be given by the commission by service on such persons and agencies that the commission may deem appropriate and twice by publication at a reasonable interval before the hearing. Notice of a public hearing and notice of opportunity for a public hearing on an application for a certificate, a permit, a transfer or amendment of a certificate or permit, or a waiver shall be given at the expense of the applicant. The commission may hold a technical hearing on an application by the commission's own motion or by motion of a directly interested person. During a technical hearing the parties shall be afforded an opportunity to present evidence, examine witnesses, and cross-examine witnesses as permitted under sections 28-32-24 and 28-32-25.