SF 728

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to waters; modifying requirements for contested case hearing notices;
amending Minnesota Statutes 2006, section 103G.311, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 103G.311, subdivision 2, is amended to
read:

Subd. 2.

Hearing notice.

(a) new text begin Notwithstanding section 14.58, a contested case
hearing under this section is subject to the requirements of paragraphs (b) to (d).
new text end

new text begin (b) new text end The hearing notice on an application must deleted text begin state deleted text end new text begin include new text end :

(1) the date, place, and time fixed by the commissioner for the hearing; deleted text begin and
deleted text end

(2) the waters affected, the water levels sought to be established, or control structures
proposed new text begin ; and
new text end

new text begin (3) a short statement of the issues in dispute new text end .

deleted text begin (b) deleted text end new text begin (c) new text end The hearing notice must be published by the commissioner at the expense of
the applicant or, if the proceeding is initiated by the commissioner in the absence of an
applicant, at the expense of the commissioner.

deleted text begin (c) deleted text end new text begin (d) new text end The hearing notice must be:

(1) published once a week for two successive weeks before the day of hearing
in a legal newspaper published in the county where any part of the affected waters is
located; new text begin and
new text end

(2) mailed by the commissioner to the county auditor, the mayor of a municipality,
the watershed district, and the soil and water conservation district affected by the
application deleted text begin ; and
deleted text end

deleted text begin (3) made under requirements prescribed by sections 14.57 to 14.59 and rules of the
chief administrative law judge deleted text end .