Petitioners for a contested case hearing may request to meet with the commissioner. The commissioner shall review petitions for a contested case hearing and, upon concluding that a meeting would assist the agency in resolving controversy, narrowing issues, or in otherwise reviewing the matter, the commissioner shall arrange a meeting with petitioners to discuss:
whether the petition meets the criteria for a contested case hearing in parts 7000.1800 and 7001.0110; and
whether the issues raised in the petition can be resolved without a hearing and, if not, whether the scope of a hearing can be limited by mutual agreement of the petitioners and persons who might be parties to the hearing.
Unless the agency has held a contested case hearing on the matter, the commissioner shall prepare a report and shall serve that report upon all agency members and interested persons at least ten days before a meeting at which the agency is scheduled to take final action on the issuance, revocation, or modification of a permit. The report shall:
state whether the agency has received any requests for a public informational meeting and whether those requests meet the requirements of part 7000.0650, subpart 4;
state whether the agency has received any petitions for a contested case hearing and whether those petitions meet the requirements of parts 7000.0110 and 7000.1800. If not, the report shall describe what requirements have not been met;
state whether any meetings have been held under subpart 1 and, if so, the results of the meetings;
recommend changes to the proposed permit or other actions that the commissioner believes are reasonable in response to comments submitted during the comment period; and
recommend whether a contested case hearing should be held and, if so, the issues and scope of the hearing.
19 SR 1310
July 13, 2009
Official Publication of the State of Minnesota
Revisor of Statutes