Minnesota Administrative Rules

7001.0125 MEETING WITH AND REPORT OF COMMISSIONER.

Subpart 1.

Meeting with commissioner.

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:

A.

whether the petition meets the criteria for a contested case hearing in parts 7000.1800 and 7001.0110; and

B.

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.

Subp. 2.

Commissioner report.

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:

A.

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;

B.

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;

C.

state whether any meetings have been held under subpart 1 and, if so, the results of the meetings;

D.

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

E.

recommend whether a contested case hearing should be held and, if so, the issues and scope of the hearing.

Statutory Authority:

MS s 14.06; 116.07

History:

19 SR 1310

Published Electronically:

July 13, 2009