75-20-218. Hearing date -- location -- department to act as staff -- hearings. (1) Upon receipt of the department's report submitted under 75-20-216, the board shall set a date for a hearing to begin not more than 120 days after the receipt. Certification hearings must be conducted by the board in the county seat of Lewis and Clark County or the county in which the facility or the greater portion of the facility is to be located.
     (2) Except as provided in 75-20-221(2), the department shall act as the staff for the board throughout the decisionmaking process and the board may request the department to present testimony or cross-examine witnesses as the board considers necessary and appropriate.
     (3) At the request of the applicant, the department and the board shall hold any required air or water quality permit hearing in conjunction with the board certification hearing. In a conjunctive hearing, the time periods established for reviewing an application and for issuing a decision on certification of a proposed facility under this chapter supersede the time periods specified in other laws administered by the department and the board.

     History: En. Sec. 7, Ch. 327, L. 1973; amd. Sec. 3, Ch. 268, L. 1974; amd. Sec. 39, Ch. 213, L. 1975; amd. Sec. 7, Ch. 494, L. 1975; R.C.M. 1947, 70-807(4); amd. Sec. 10, Ch. 676, L. 1979; amd. Sec. 5, Ch. 539, L. 1981; amd. Sec. 10, Ch. 573, L. 1985; amd. Sec. 221, Ch. 418, L. 1995.