North Dakota Century Code Title 38. Mining and Gas and Oil Production § 38-14.1-19. Informal conference procedures

1. If written objections or comments are filed and an informal conference is requested as provided in section 38-14.1-17, 38-14.1-18, or 38-14.1-28, the commission shall schedule such informal conference within forty-five days of the receipt of such request but in no event prior to the expiration of the thirty-day period allowed for submission of comments, objections, and requests in subsection 2 of section 38-14.1-17 or subsections 3, 4, and 5 of section 38-14.1-18.

2. The informal conference must be held in the locality of the proposed mining if the request for such conference so specifies. Date, time, and location of such informal conference must be advertised by the commission in the official newspaper of each county wherein land included in the proposed permit area lies and in other daily newspapers of general circulation in the locality of the proposed surface coal mining operation at least two weeks prior to the scheduled conference date.

3. Upon request of any party to the informal conference, the commission may arrange with the applicant access by the requesting party to the proposed mining area for the purpose of gathering information relative to such conference.

4. An electronic or stenographic record must be made of the informal conference proceedings, unless waived by all parties. Such record must be maintained and must be accessible to the parties until final release of the permittee's performance bond pursuant to this chapter.

5. In the event all parties requesting the informal conference stipulate agreement prior to the requested informal conference and withdraw their request, such informal conference need not be held.

6. The commission shall issue its written findings and ruling within thirty days of the informal conference. Along with these findings and ruling, notice must be served upon all persons who were parties to the informal conference, informing them of their right, within thirty days of such service, to request that a formal administrative hearing be held by the commission pursuant to section 38-14.1-30 in order to review the findings and ruling.