Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.2 - PROCEDURAL RULES › Subchapter 36.2.7 - Citizen Participation in Agency Decisions › Rule 36.2.702 - GUIDELINES FOR DEPARTMENT PROGRAMS

Current through Register Vol. 13, July 5, 2024
(1) A
				continuing departmental program for public participation shall contain
				mechanisms of activity for each of the elements listed in this sub-chapter. The
				exact mechanisms of activity may vary in relation to RESOURCES available,
				public response, the nature of issues involved.
(2) Each division of the department shall
				provide continuing policy, program, and technical information at the earliest
				practical times and at places easily accessible to interested or affected
				persons and organizations so that they can make informed and constructive
				contributions to department decision making. News releases and other
				publications may be used for this purpose as well as informational discussions
				and meetings with interested citizens' groups. Efforts shall be made to
				summarize complex technical materials for public and media use.
(3) Each division shall have a procedure for
				providing technical and informational assistance to public groups for citizen
				education, committee workshop training, dissemination of information to
				concerned groups and individuals. Requests for information shall be promptly
				handled.
(4) Each division of the
				department shall have a procedure for early consultation and exchange of views
				with interested or affected persons and organizations on development or
				revision of plans, programs, or other significant activity prior to decision
				making. Advisory groups, ad hoc committees or workshop meetings may serve this
				purpose.
(5) Field demonstrations
				and public field trips may be used when there is sufficient public interest
				concerning programs administered by the department.
(6) Each division shall maintain a current
				list of interested persons and organizations including any who have requested
				inclusion on such list, for the distribution of information such as that listed
				in subsection (2) (1) (a) of this rule. The department shall, in addition,
				notify any interested persons of any public hearing or other decision making
				proceedings prior to decision making and wherever possible shall supplement
				this notification with informal notice to all interested persons or groups
				having requested such notice in advance. The notice provisions of this
				subsection shall be deemed to have been complied with if:
(a) an environmental impact statement or
				preliminary environmental review is prepared and distributed in accordance with
				the Montana Environmental Policy Act, and the rules adopted pursuant
				thereto;
(b) a proceeding is held
				as required by the Montana Administrative Procedure Act;
(c) a public hearing, after appropriate
				notice is given, is held pursuant to agency discretion, any other provision of
				state law, or local ordinance or resolution; or
(d) a newspaper of general circulation within
				the area to be affected by a decision of significant interest to the public has
				carried a news story, notice or advertisement concerning the decision prior to
				a final decision on a matter.