Section 259.140

Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 259

Effective - 28 Aug 1965   

  259.140.  Council hearings — notice — procedure. — 1.  The council shall prescribe rules and regulations governing the practice and procedure before it.

  2.  No order, or amendment thereof, except in an emergency, shall be made by the council without a public hearing upon at least ten days' notice.  The public hearing shall be held at such time and place as may be prescribed by the council, and any interested person shall be entitled to be heard.

  3.  When an emergency requiring immediate action is found to exist the council is authorized to issue an emergency order without notice of hearing, which shall be effective upon promulgation.  No emergency order shall remain effective for more than fifteen days.

  4.  Any notice required by this chapter shall be given at the election of the council either by personal service or by letter to the last recorded address of the person to whom the order is directed and one publication in a newspaper of general circulation in the county where the land affected, or some part thereof, is situated.  If the notice is applicable throughout the state, then it shall be published in a newspaper of general circulation which is published in Jefferson City.  The notice shall issue in the name of the state, shall be signed by the state geologist, shall specify the style and number of the proceeding, the time and place of the hearing, and shall briefly state the purpose of the proceeding.  Should the council elect to give notice by personal service, such service may be made by any officer authorized to serve process, or by any agent of the council, in the same manner as is provided by law for the service of original notices in civil actions in the circuit courts of the state.  Proof of the service by such agent shall be by the affidavit of the person making personal service.

  5.  All orders issued by the council shall be in writing, shall be entered in full and indexed in books to be kept by the state geologist for that purpose, and shall be public records open for inspection at all times during reasonable office hours.  A copy of any rule, regulation, or order certified by the state geologist or any officer of the council shall be received in evidence in all courts of this state with the same effect as the original.

  6.  The council may act upon its own motion, or upon the petition of any interested person.  On the filing of a petition concerning any matter within the jurisdiction of the council, the council shall promptly fix a date for a hearing thereon, and shall cause notice of the hearing to be given.  The hearing shall be held without undue delay after the filing of the petition.  The council shall enter its order within thirty days after the hearing.  In the event that the matter is submitted on a question or questions of fact, the council shall enter its order within thirty days after the finding of facts is submitted to the council.

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(L. 1965 2d Ex. Sess. p. 917 § 14)