Sec. 26.20.11.08. Petition Decision Procedures

A. In reaching its decision on a petition, the Bureau shall use:

(1) The information contained in the data base and inventory system;

(2) Information provided by other governmental agencies;

(3) The detailed statement prepared under Regulation .07M of this chapter; and

(4) Any other relevant information submitted during the comment period.

B. A final written decision shall be issued by the Bureau, including a statement of reasons, within 60 days of completion of the public hearing, or, if no public hearing is held, then within 12 months after receipt of the complete petition. The Bureau shall simultaneously send the decision by certified mail to the petitioner and intervenors and by regular mail to all other persons involved in the proceeding.

C. The decision of the Bureau with respect to a petition, or the failure of the Bureau to act within the time limits set forth in this regulation, shall be a final action of the Department subject to judicial review.