Montana Code Annotated
Part 2. Coal and Uranium Mine Reclamation
82-4-206. Procedure for contested case hearings

82-4-206. Procedure for contested case hearings. (1) An applicant, permittee, or person with an interest that is or may be adversely affected may request a hearing before the board on any of the following decisions of the department by submitting a written request stating the reason for the request within 30 days after the department's decision:
(a) approval or denial of an application for a permit pursuant to 82-4-231;
(b) approval or denial of an application for a prospecting permit pursuant to 82-4-226;
(c) approval or denial of an application to increase or reduce a permit area pursuant to 82-4-225;
(d) approval or denial of an application to renew or revise a permit pursuant to 82-4-221; or
(e) approval or denial of an application to transfer a permit pursuant to 82-4-238 or 82-4-250.
(2) The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, apply to a hearing before the board under subsection (1).
History: En. Sec. 24, Ch. 325, L. 1973; R.C.M. 1947, 50-1057; amd. Sec. 9, Ch. 79, L. 2001; amd. Sec. 1, Ch. 127, L. 2005.

Structure Montana Code Annotated

Montana Code Annotated

Title 82. Minerals, Oil, and Gas

Chapter 4. Reclamation

Part 2. Coal and Uranium Mine Reclamation

82-4-201. Short title

82-4-202. Intent -- policy -- findings

82-4-203. Definitions

82-4-204. Repealed

82-4-205. Administration by department and board

82-4-206. Procedure for contested case hearings

82-4-207. Rulemaking -- in situ coal gasification

82-4-208. through 82-4-220 reserved

82-4-221. Mining permit required

82-4-222. Permit application -- application revisions

82-4-223. Surety bond

82-4-224. Repealed

82-4-225. Application for increase or reduction in permit area

82-4-226. Prospecting permit

82-4-227. Refusal of permit -- applicant violator system

82-4-228. Designation of land unsuitable for coal mining

82-4-229. and 82-4-230 reserved

82-4-231. Submission of and action on reclamation plan

82-4-232. Area mining required -- bond -- alternative plan

82-4-233. Planting of vegetation following grading of disturbed area

82-4-234. Commencement of reclamation

82-4-235. Determination of successful revegetation -- final bond release

82-4-236. Vegetation as property of landowner

82-4-237. Operator to file annual reports

82-4-238. Successor operator

82-4-239. Reclamation

82-4-240. Reclamation of lands after bond forfeited

82-4-241. Receipts paid into general fund -- disposition of bond forfeiture money

82-4-242. Funds received by department

82-4-243. Subsidence

82-4-244. Coal and uranium mine permitting and reclamation program account

82-4-245. through 82-4-249 reserved

82-4-250. Operating permit revocation -- permit transfer

82-4-251. Noncompliance -- suspension of permits

82-4-252. Mandamus

82-4-253. Suit for damage to water supply

82-4-254. Violation -- penalty -- waiver