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115A.35 REVIEW PROCEDURE.
The board shall meet to commence the supplementary review within 90 days of the
submission of a request determined by the board to satisfy the requirements for review under
this section. At the meeting commencing the review, the chair shall recommend and the board
establish a scope and procedure, in accordance with the rules of the board, for review and final
decision on the proposed facility. The procedure shall require the board to make a final decision
on the proposed facility within 90 days following the commencement of review. The procedure
shall require the board to hold, at the call of the chair, at least one public hearing in the county
within which the proposed facility would be located. A majority of permanent members of the
board shall be present at the hearing. The hearing shall be conducted for the board by the state
Office of Administrative Hearings in a manner determined by the administrative law judge to be
consistent with the expeditious completion of the proceedings as required by sections 115A.32
to 115A.39. The hearing shall not be deemed a contested case under chapter 14. Notice of the
hearing shall be published in a newspaper or newspapers of general circulation in the area for
two successive weeks ending at least 15 days before the date of the meeting. The notice shall
describe the proposed facility, its location, the permits, and the board's scope and procedure for
review. The notice shall identify a location or locations within the city or town and county where
the permit applications, the agency permits, and the board's scope and procedure for review are
available for review and where copies may be obtained.
History: 1980 c 564 art 4 s 4; 1980 c 615 s 60; 1982 c 424 s 130; 1984 c 640 s 32; 1986 c
444; 1989 c 335 art 1 s 269; 1992 c 593 art 1 s 54

Official Publication of the State of Minnesota
Revisor of Statutes