Effective 28 Aug 1971

444.720. Rules and regulations, when effective — notice, hearing — variances authorized. — 1. No rule or regulation or any amendment or repeal thereof adopted pursuant to sections 444.500 to 444.755 shall be adopted except after a public hearing to be held after thirty days' prior notice by advertisement in any two newspapers of general statewide circulation and any newspapers with general circulation in the counties with strip mining operations, of the date, time and place of hearing and opportunity given to the public to be heard. In addition, at least thirty days prior to the scheduled date of the hearing, notice shall be sent by mail to any person who has registered with the director at least forty-five days prior to the scheduled date of the hearing, for purposes of such hearings in accordance with procedures prescribed by the commission.

2. At the hearing, opportunity to be heard by the commission with respect to the subject thereof shall be afforded any interested person upon written request to the commission, addressed to the director, no later than seven days prior to the hearing, and may be afforded to other persons if convenient. In addition, any interested persons, whether or not heard, may submit, within seven days subsequent to the hearings, a written statement of their views. The commission may solicit the views, in writing, of persons who may be affected by, or interested in, proposed rules or regulations. Any person heard or represented at the hearing or making written request for notice shall be given written notice of the action of the commission with respect to the subject thereof.

3. Any rule or regulation or amendment or repeal thereof shall not be deemed adopted or in force and effect until it has been approved in writing by at least four members of the commission. A rule or regulation or an amendment or repeal thereof shall not become effective until a certified copy thereof has been filed with the secretary of state as provided in chapter 536.

4. Any rule or regulation or any amendment or repeal thereof which is adopted by the commission may differ in its terms and provisions as between particular types of topography and areas of the state.

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(L. 1971 S.B. 1 § 25)

CROSS REFERENCE:

Rules, procedure for making and rescinding, Chap. 536